APPENDIX IIA - ENGLISH ACTS APPLICABLE TO HONG KONG BY VIRTUE OF THE APPLICATION OF ENGLISH LAW ORDINANCE (CAP. 88)

APPENDIX IIA - ENGLISH ACTS APPLICABLE TO HONG KONG BY VIRTUE OF THE APPLICATION OF ENGLISH LAW ORDINANCE (CAP. 88)

LAWS OF HONG KONG

ENGLISH ACTS APPLICABLE TO HONG KONG
BY VIRTUE OF THE APPLICATION OF
ENGLISH LAW ORDINANCE (CAP. 88)

APPENDIX IIA





APPENDIX IIA
ENGLISH ACTS APPLICABLE TO HONG KONG BY
VIRTUE OF THE APPLICATION OF
ENGLISH LAW ORDINANCE (CAP. 88)
Item in
Schedule Title or Short Title Page
to Ordinance

3. Justices of the Peace Act 1361........... ... ... ... ... ... ... ... 2
8. Cestui que vie Act 1540 ................. ... ... ... ... ... ... 2
14. Cestui que vie Act 1666 ... .. ... ... ... ... ... ... ... 4
15. Statute of Distribution 1670 ... ... ... ... ... ... ... ... ... ... 6
18. Habeas Corpus Act 1679 ... ... ... ... ... ... ... ... ... ... 7
20. Distress for Rent Act 1689 ... ... ... ... ... ... ... ... ... ... 13

24. An Act to enable posthumus children to take estates as if born in their

father's lifetime 1697 ................. ... ... ... ... ... ... 15

26................Cestui que vie Act 1707 ... ... ... ... ... ... ... ... ... ... 16
27................Landlord and Tenant Act 1709 ... ... ... ... ... ... ... ... ... ... 19

28............Gaming Act 1710 ............. ... ... ... ... ... ... ... ... ... 20

31. Landlord and Tenant Act 1730 ... ... ... ... ... ... ... ... ... ... 20
33. Distress for Rent Act 1737 ... ... ... ... ... ... ... ... ... ... 22
35. Calendar (New Style) Act 1750 ... ... ... ... ... ... ... ... ... ... 29
37. Life Assurance Act 1774 ... ... ... ... ... ... ... ... ... ... 34

38. Fires Prevention (Metropolis) Act 1774 ... ... ... ... ... ... ... ... 35

39............Libel Act 1792 ............... ... ... ... ... ... ... ... ... 36

44................Offences at Sea Act 1799 ... ... ... ... ... ... ... ... ... ... 37

47..............Witnesses Act 1806 .......... ... ... ... ... ... ... ... ... ... 37

48. Charities Procedure Act 1812 ... ... ... ... ... ... ... ... ... ... 38
50. Habeas Corpus Act 1816 ... ... ... ... ... ... ... ... ... ... 39

52. Deserted Tenements Act 1817 ... ... ... ... ... ... ... ... ... ... 42

56. Executors Act 1830 ... ... ... ... ... .. ... ... ... ... ... .... 43

57. Illusory Appointments Act 1830 ... ... ... ... ... ... ... ... ... 43

59. Charities Procedure Act 1832 ... ... ... ... ... ... ... ... ... ... 44

60. Prescription Act 1832 ... ... ... ... ... ... ... ... ... ... ... ... 45

61. Anatomy Act 1832 ... ... ... ... ... ... ... ... ... ... ... ... 48

64. Inheritance Act 1833 ... ... ... ... ... ... ... ... ... ... ... ... 52

65. Apportionment Act 1834 ... ... ... ... ... ... ... ... ... ... ... 55

69. Infant Felons Act 1840 ... ... ... ... ... ... ... ... ... ... ... 57





THE JUSTICES OF THE PEACE ACT 1361

(34 Edw. 3 c. 1)

Extracted from Halsbury's Statutes of-England (2nd edition),
Vol. 14, p. 709]

Who shall be justices of the peace-Their jurisdiction over offenders;
rioters; barrators; and vagabonds-Commissions of general
inquiries to end-Fines to be reasonable.

First, that in every county of England shall be assigned for the
keeping of the peace, one lord, and with him three or four of the most
worthy in the county, with some learned in the law, and they shall have
power to restrain the offenders, rioters, and all other barators and to
pursue, arrest, take, and chastise them according their trespass or
offence; and to cause them to be imprisoned and duly punished
according to the law and customs of the realm, and according to that
which to them shall seem best to do by their discretions and good
advisement; .... and to take and arrest all those that they may find by
indictment, or by suspicion, and to put them in prison; and to take of all
them that be [not'] of good fame, where they shall be found, sufficient
surety and mainprise of their good behaviour towards the King and his
people, and the other duly to punish; to the intent that the people be
not by such rioters or rebels troubled nor endamaged, nor the peace
blemished, nor merchants nor other passing by the highways of the
realm disturbed, nor [put in the peril which may happen'] of such
offenders; And also to hear and determine at the King's suit all manner
of felonies and trespasses done in the same county according to the
laws and customs aforesaid ....

1 All translations read thus. 2 put in fear by
peril which might happen.

THE CESTUI QUE VIE ACT 1540

(32 Hen. 8 c. 37)

[Extracted from HaIsbury's Statutes of England (2nd edition),
Vol. 9, p. 655]

For recoving of Arrerages by Executors & Administratols.

Arrears of rent, etc. not recoverable by executors, etc. at common
law.-Forasmuch as by thordre of the comon lawe thexecutours and
administratours of (tenants) in fee simple (tenants) in fee taile &
(tenants) for terme of lifes of rentis services rent charges rente (seck)
and fee fermes have no remedy to (recover) such arrerages of the said







rentis or fee fermes as were due unto their testatours in their lifes, nor
yet the heires of suche testatour nor army (person) having the reversion
of his estate aftre his deceace may distraine or have anny laufull action
to levye army suche arrerages of rentis or fee fermes due unto him in his
life as is aforesaid; by reason whereof the tenantis of the [demayne l] of
suche landis tenementis or hereditamentis out of the whiche suche
rentis were due and paieable who of right [out 2] to pay their rentis and
fermes (3) suche daies and termes as they were due, doo many tymes
kepe holde and retaine such arrerages in their owne handis, so that
thexecutours and administratours of the (persons) to whome suche
rentis or fee fermes were due cannot have or (come) by the said
arrerages of the same towardis the payment of the dettis and
(performance) of the will of the said testatours; for remedy wherof be it
enacted by auctoritie of this (present) (parliament) that

[1.] Executors, etc. may maintain action of debt for arrears of rent
due to testator; or distrain the immediate tenant.-The executours and
administratours of (every) suche (person) or (persons) unto whome any
suche rent or fee ferme is or shalbe due and not paid at the tyme of his
deathe shall and may have an action of dett for all suche arrerages,
against the tenant or tenantis that ought to have paide the said rent or
fee fermes so being behinde in the life of their testatour, or against
thexecutours and administratours of the said tenantis: And also
furthermore it shalbe laufull to (every) suche executour and
administratour of any suche (person) or (persons), unto whome suche
rent or feferme is or shalbe due and not paid at the tyme of his deathe as
is aforesaid, to distraine for the arrerages of all suche rentis and fee
fermes upon the landis tenementis and other thereditamentis whiche
were charged with the payment of suche rentis or fee fermes, and
chargeable to the [distrees'] of the said testatour, so longe as the said
landis tenementis or (') hereditamentis contynue remaine and be in the
season or possession of the said tenant in [demaine] who ought
ymmediately to have pald the said rent or fee ferme so being behinde to
the said testatour in his life, or in the season or possession of anny
other (person) or (persons) clayming the said (lands) (tenements) &
hereditamentis onely by and from the said tenant by purchace gifte or
discent; in like maner and fourme as their said testatour mought or ought
to have doon in his life tyme, and the said executours and
administratours shall for the same distresse laufully make avowry uppon
their matier afforesaid.

3. Husband may recover rent due in right of his wife deceased.And
.... if army man which nowe hathe or heraftre shalhave in the right of his
wif army estate in fee symple fee tail] or for terme of life

1 demeane 0.
2 ought 0.
3 atte 0.
4 distresse 0.
5 other 0.
6 demeane 0.





of or in any rentis or fee fermes, and the same rentis or fee fermes nowe
be or herafter shalbe due byhinde and unpaid in the said wifes lif, [than 1]
the said husbaund aftre the death of his said wife his executours and
administratours shall have an action of dett for the said arrerages
against the tenaunt of the demeane that ought to have paid the same his
executours or administratours, and also the said husbaund after the
death of his said wife may distraine for the said arrerages, in like manner
and fourme as he mought have doon yf his said wif had ben [than 1]
lyving, and make avowry uppon his said matier as is aforesaid.

4. Persons entitled to rents, during the life of another, may
recover the same after death of cestui que vie- . . . . yf any (person) or
(persons) whiche nowe have or herafter shalhave any rentis or fee
fermes for terme of life or lyves of anny other (person) or (persons), and
the said rent or fee farme nowe be or heraftre shalbe due behinde and
unpaid in the life of suche (person) or (persons) for whose life or lifes
the estate of the said rent or fee ferme did depend or contynue, and aftre
the said (person) or (persons) doth dye, [than 1] he unto whome the said
rent or fee ferme was due in fourme aforesaid, his executours and
administratours, shall and may have an action of dett against the tenant
in demeane that ought to have paid the same whan it first was due his
executours and administratours, and also distrayne for the same
arrerages uppon suche landis and tenementis out of the whiche the said
rentis or fee fermes were yssuyng and payeable, in suche like maner and
fourme as he ought or might have doon if suche (person) or (persons),
by whose deathe the aforesaid astate in the said rentis and fee fermes
was determined and expired, had ben in full lif and not deade, . . . .


Note:Words in round brackets represent words which cannot be reproduced
locally in their original type.

THE CESTUI QUE VIE ACT 1666

(18 & 19 Car. 2 c. 11)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 20, p. 377]

An Act for Redresse of Inconveniences by want of Proofe of the
Deceases of Persons beyond the Seas or absenting themselves,
upon whose Lives Estates doe depend.

Whereas diverse lords of mannours and others have . . . . granted
estates by lease for one or more life or lives, or else for yeares
determinable upon one or more life or lives and it hath often happened
that such person or persons for whose life or lives such





estates have beene granted have gone beyond the seas or soe absented
themselves for many yeares that the lessors and reversioners cannot
finde out whether such person or persons be alive or dead by reason
whereof such lessors and reversioners have beene held out of
possession of their tenements for many yeares after all the lives upon
which such estates depend are dead in regard that the lessors and
reversioners when they have brought actions for the recovery of their
tenements have beene putt upon it to prove the death of their tennants
when it is almost impossible for them to discover the same, for remedy
of which mischeife soe frequently happening to such lessors or
reversioners bee it enacted, etc.

[1.] Cestui que vie remaining beyond sea for seven years
together and no proof of their lives, judge in an action to direct a
verdict as though cestui que vie were dead.-If such person or persons
for whose life or lives such estates have beene or shall be granted as
aforesaid shall remaine beyond the seas or elsewhere absent themselves
in this realme by the space of seaven yeares together and noe sufficient
and evident proofe be made of the lives of such person or persons
respectively in any action commenced for recovery of such tenements
by the lessors or reversioners in every such case the person or persons
upon whose life or lives such estate depended shall be accounted as
naturally dead, and in every action brought for the recovery of the said
tenements by the lessors or reversioners their heires or assignes, the
judges before whom such action shall be brought shall direct the jury to
give their verdict as if the person soe remaining beyond the seas or
otherwise absenting himselfe were dead.

4. If the supposed dead man prove to be alive, then the title is
revested. Action for mean profits with interest.-[Provided alwayes ....
that if any person or [person or] persons shall be evicted out of any
lands or tenements by vertue of this Act, and afterwards if such person
or persons upon whose life or lives such estate or estates depend shall
returne againe from beyond the seas, or shall on proofe in any action to
be brought for recovery of the same [to 1] be made appeare to be liveing;
or to have beene liveing at the time of the eviction that then and from
thenceforth the tennant or lessee who was outed of the same his or their
executors administrators or assignes shall or may reenter repossesse
have hold and enjoy the said lands or tenements in his or their former
estate for and during the life or lifes or soe long terme as the said person
or persons upon whose life or lives the said estate or estates depend
shall be liveing, and alsoe shall upon action or actions to be brought by
him or them against the lessors reversioners or tennants in possession
or other persons respectively which since the time of the said eviction
received the proffitts of the said lands or tenements recover for damages
the full proffits of the said lands or tenements respectively with lawfull
interest for and from the time that he or they were outed

1 0. omits.





of the said lands or tenements, and kepte or held out of the same by the
said lessors reversioners tennants or other persons who after the said
eviction received the proffitts of the said lands or tenements or any of
them respectively as well in the case when the said person or persons
upon whose life or lives such estate or estates did depend are or shall
be dead at the time of bringing of the said action or actions as if the said
person or persons were then liveing. 1]

1 annexed to the original Act in a separate schedule.

THE STATUTE OF DISTRIBUTION (1670)

(22 & 23 Car. 2 c. 10)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 9, p. 658 ]

An Actfor the better setling of Intestates Estates.

[1.] Ordinaries may call administrators to account, and make
distribution amongst the wife and children, etc.-. . . . And alsoe that the
said ordinaries and judges respectively shall and may, and are enabled
to proceede and call such administrators to accompt for and -touching
the goods of any person dyeing intestate, and upon heareing and due
consideration thereof to order and make just and equall distribution of
what remaineth cleare (after all debts, funeralls and just expences of
every sort first allowed and deducted) amongst the wife and children, or
childrens children if any such be or otherwise to the next of kindred to
the dead person in equall degree, or legally representing their stocks pro
sua cuiq jure according to the lawes in such cases and the rules and
limitation hereafter sett downe, and the same destributions to decree
and setle, and to compell such administrators to observe and pay the
same by the due course of his Majestyes ecclesiasticall lawes. Saveing
to every one supposeing him or themselves agreived their right of
appeale as was alwayes in such cases used.

5. No distribution till after one year-If debts afterwards appear,
then all to refund proportionably.-Provided alsoe .... to the end that a
due reguard be had to creditors that noe such distribution of the goods
of any person dying intestate be made till [after 1] one yeare be fully
expired after the intestates death, and that such and every one to
whome any distribution and share shall be allotted shall give bond with
sufficient suretyes in the said courts that if any debt or debts truely
oweing by the intestate shall be afterwards sued for

1 interlined on the roll.

Note:Words in round brackets represent words which cannot be reproduced
locally in their original type.





and recovered, or otherwise duely made to appeare that then and in
every such case he or she shall respectively refund and pay backe to
the administrator his or her rateable part of that debt or debts, and of the
costs of suite and charges of the administrator by reason of such debt
out of the part and share soe as aforesaid allotted to him or her, thereby
to enable the said administrator to pay and satisfie the said debt or
debts soe discovered after the distribution made as aforesaid.

6. Proviso for administration cum testamento annexo.-Provided
alwayes . . . . that in all cases where the ordinary hath used heretofore to
grant administration cum testamento annexo, he shall continue soe to
doe, and the will of the deceased in such testament expressed shall be
performed and observed in such manner as it should have beene if this
Act had never beene made.

THE HABEAS CORPUS ACT 1679

(31 Car. 2 c. 2)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 6, p. 84]

An Act for the better secureing the Liberty of the Subject andfor
Prevention of Imprisonments beyond the Seas.

Recital that delays had been used by sheriffs in making returns of
writs of habeas corpus, etc.-Whereas great delayes have beene used by
sheriffes gaolers and other officers to whose custody any of the Kings
subjects have beene committed for criminall or supposed criminall
matters in makeing returnes of writts of habeas corpus to them directed
by standing out an alias and pluries habeas corpus and sometimes more
and by other shifts to avoid their yeilding obedience to such writts
contrary to their duty and the knowne lawes of the land whereby many
of the Kings subjects have beene and hereafter may be long detained in
prison in such cases where by law they are baylable to their great
charge and vexation. For the prevention whereof and the more speedy
releife of all persons imprisoned for any such criminall or supposed
criminall matters bee it enacted by the Kings most excellent Majestic by
and with the advice and consent of the lords spirituall and temporall and
commons in this present Parlyament assembled and by the authoritie
thereof that

[1.] Sheriff, etc., within three days after service of habeas corpus,
with the exception of treason and felony, as and under the regulations
herein mentioned, to bring up the body before the court to which the
writ is returnable; and certify the true causes of imprisonment.





Whensoever any person or persons shall bring any habeas corpus
directed unto any sheriffe or sheriffes gaoler minister or other person
whatsoever for any person in his or their custody and the said writt shall
be served upon the said officer or left at the gaole or prison with any of
the under officers underkeepers or deputy of the said officers or keepers
that the said officer or officers his or their under officers under-keepers
or deputyes shall within three dayes after the service thereof as
aforesaid (unlesse the committment aforesaid were for treason or fellony
plainely and specially expressed in the warrant of committment) [upon
payment or tender of the charges of bringing the said prissoner to be
ascertained by the judge or court that awarded the same and endorsed
upon the said writt not exceeding twelve pence per mile 1] and upon
security given by his owne bond to pay the charges of carrying backe
the prisoner if he shall bee remanded by the court or judge to which he
shall be brought according to the true intent of this present Act and that
he will not make any escape by the way make returne of such writt [or 2]
bring or cause to be brought the body of the partie soe committed or
restrained unto or before the lord chauncelior or lord keeper of the great
seale of England for the time being or the judges or barons of the said
court from whence the said writt shall issue or unto and before such
other person [and 3] persons before whome the said writt is made
returnable according to the command thereof, and shall [likewise then 4]
certifle the true causes of his detainer or imprisonment unlesse the
committment of the said partie be in any place beyond the distance of
twenty miles from the place or places where such court or person is or
shall be resideing and if beyond the distance of twenty miles and not
above one hundred miles then within the space of ten dayes and if
beyond the distance of one hundred miles then within the space of
twenty dayes after such (1) delivery aforesaid and not longer.

2. How writs to be marked-Persons committed, except for treason
and felony, etc., may appeal to the lord chancellor, etc.Habeas corpus
may he awarded; and upon service thereof the officer to bring up the
prisoners as before mentioned; and thereupon within two days lord
chancellor, etc., may discharge upon recognizance; and certify the writ
with the return and recognizance-Proviso for process not bailable.-
[And to the intent that noe sheriffe gaoler or other officer may pretend
ignorance of the import of any such writt bee it enacted by the authoritie
aforesaid that all such writts shall be marked in this manner Per statutum
tricesimo primo Caroli Secundi Regis and shall be signed by the person
that awards the same 1] And if any person or persons shall be or stand
committed or detained as aforesaid for any crime unlesse for treason or
fellony plainely

1 annexed to the original Act in a separate schedule.
2 and O
3 or O
4 then likewise O
5 the O.





expressed in the warrant of committment in the vacation time and out of
terme it shall and may be lawfull to and for the person or persons soe
committed or detained (other then persons convict or in execution) by
legall processe or any one [in 2] his or their behalfe to appeale or
complaine to the lord chauncellour or lord keeper or any one of his
Majestyes justices [either 3] of the one bench or of the other or the
barons of the Exchequer of the degree of the coife and the said lord
chauncellor lord keeper justices or barons or any of them upon view of
the copy or copies of the warrant or warrants of committment and
detainer or otherwise upon oath made that such copy or copyes were
denyed to be given by such person or persons in whose custody the
prisoner or prisoners is or are detained are hereby authorized and
required [upon request made in writeing by such person or persons or
any on his her or their behalfe attested and subscribed by two witnesses
[that 4] were present at the delivery of the same 1] to award and grant an
habeas corpus under the seale of such court where of he shall then be
one of the judges to be directed to the officer or officers in whose
custodie the party soe committed or detained shall be returnable
immediate before the said [lord chauncellor or 3] lord keeper or such
justice baron or any other justice baron of the degree of the coife of any
of the said courts and upon service thereof as aforesaid the officer or
officers his or their under-officer or under officers under keeper or under
keepers or [their 5] deputy in whose custodie the partie is soe committed
or detained shall within the times respectively before limitted [bring such
prisoner or prisoners 3 ] before the sd lord chauncellor or lord keeper or
such justices barons or one of them [before whome the said writt is
made returnable and in case of his absence before any of them 1] with the
returne, of such writt and the true causes of the committment and
detainer and thereupon within two dayes after the partie shall be
brought before them the said lord chauncellor or lord keeper or such
justice or baron before whome the prisoner shall be brought as aforesaid
shall discharge the said prisoner from his imprisonment takeing his or
their recognizance with one or more suretie or sureties in any summe
according to their discretions haveing reguard to the quality of the
prisoner and nature of the offence for his or their appearance in the
Court of Kings Bench the terme following or at the next assizes sessions
or general goaledelivery of and for such county city or place where the
committment was or where the offence was committed or in such other
court where the said offence is properly cognizable as the case shall
require and then shall certifle the said writt with the returne thereof and
the said recognizance or recognizances into the said court where such
appearance is to be made unlesse it shall appeare unto the said lord
chauncellor or lord keeper or justice or justices [or 5] baron or barons that
the party soe committed is detained upon a legall processe order

1 annexed to the original Act in a separate
schedule.
2 on.
3 interlined on the roll.
4 who O.
5 O omits.





or warrant out of some court that hath jurisdiction of criminall matters or
by some warrant signed and sealed with the hand and seale of any of
the said justices or barons or some justice or justices of the peace for
such matters or offences for the which by the law the prisoner is not
baileable.

3. Habeas corpus not granted in vacation to prisoners who have
neglected to pray the same.-[Provided alwayes and bee it enacted that if
any person shall have wilfully neglected by the space of two whole
termes after his imprisonment to pray a habeas corpus for his
enlargement such person soe wilfully neglecting shall not have any
habeas corpus to be granted in vacation time in pursuance of this Act.']

4. Officer neglecting, etc., to make the said returns, etc., or upon
demand to deliver a copy of warrant of commitment; first offence,
penalty $100, second offence, $200 and incapacity-Judgment at suit of
party sufficient conviction.-And .... if any officer or officers his or their
under-officer or under-officers under-keeper or underkeepers or deputy
shall neglect or refuse to make the returnes aforesaid or to bring the
body or bodies of the prisoner or prisoners according to the command
of the said writt within the respective times aforesaid or upon demand
made by the prisoner or person in his behalfe shall refuse to deliver or
within the space of six houres after demand shall not deliver to the
person soe demanding a true copy of the warrant or warrants of
committment and detayner of such prisoner, which he and they are
hereby required to deliver accordingly all and every the head goalers
and keepers of such prisons and such other person in whose custodie
the prisoner shall be detained shall for the first offence forfeite to the
prisoner or partie grieved the summe of one hundred pounds and for the
second offence the summe of two hundred pounds and shall and is
hereby made incapeable to hold or execute his said office, the said
penalties to be recovered by the prisoner or partie grieved his executors
or administrators against such offender his executors or administrators
by any action of debt suite bill plaint or information in any of the Kings
courts at West-minster wherein noe essoigne protection priviledge
injunction wager of law or stay of prosecution by non vult ulterius
prosequi or otherwise shall bee admitted or allowed or any more then
one imparlance, and any recovery or judgment at the suite of any partie
grieved shall be a sufficient conviction for the first offence and any after
recovery or judgement at the suite of a partie grieved for any offence
after the first judgement shall bee a sufficient conviction to bring the
officers or person within the said penaltie for the second offence.

5. Proviso as to imprisonment of party after having been set at
large upon habeas corpus-Unduly recommitting such discharged
persons or assisting therein; penalty to the party, $500.-And for the

1 annexed to the original Act in a separate schedule.





prevention of unjust vexation by reiterated committments for the
same offence bee it enacted by the authoritie aforesaid that noe
person or persons which shall be delivered or sett at large upon any
habeas corpus shall at any time hereafter bee againe imprisoned or
committed for the same offence by any person or persons whatso-
ever other then by the legall order and processe of such court
wherein he or they shall be bound by recognizance to appeare or
other court haveing jurisdiction of the cause and if any other person
or persons shall knowingly contrary to this Act recommitt or
imprison or knowingly procure or cause to be recommitted or
imprisoned for the same offence or pretended offence any person or
persons delivered or sett at large as aforesaid or be knowingly aiding
or assisting therein then he or they shall forfeite to the prisoner or
party grieved the summe of five hundred pounds any colourable
pretence or variation in the warrant or warrants * of committment
notwithstanding to be recovered as aforesaid.

6. If persons committed for high treason or felony plainly
expressed in warrant shall not on petition be indicted as herein
mentioned, judges, etc., may discharge upon hail; proviso; and if not
indicted and tried as herein mentioned then to be discharged.Provided
alwayes . . . . that if any person or persons shall be committed for high
treason or fellony plainely and specially expressed in the warrant of
committment upon his prayer or petition in open court the first weeke of
the terme or first day of the sessions of oyer and terminer or general]
goale delivery to be brought to his tryall shall not be indicted sometime
in the next terme sessions of oyer and terminer or generall goale delivery
after such committment it shall and may be lawfull to and for the judges
of the Court of Kings Bench and justices of oyer and terminer or generall
goale delivery and they are hereby required upon motion to them made
in open court the last day of the terme sessions or goale-delivery either
by the prisoner or any one in his behalfe to sett at liberty the prisoner
upon baile unlesse it appeare to the judges and justices upon oath made
that the witnesses for the King could not be produced the same terme
sessions or generall goale-delivery. And if any person or persons
committed as aforesaid upon his prayer or petition in open court the first
weeke of the terme or first day of the sessions of oyer and terminer or
generall goale delivery to be brought to his tryall shall not be indicted
and tryed the second terme sessions of oyer and terminer or generall
goale delivery after his committment or upon his tryall shall be acquitted
he shall be discharged from his imprisonment.

7. Proviso respecting persons charged in debt, etc.-[Provided
alwayes that nothing in this Act shall extend to discharge out of prison
any person charged in debt or other action or with processe in any civill
cause but that after he shall be discharged of his imprisonment for such
his criminall offence he shall be kept in custodie according to law for
such other suite. 1]

1 annexed to the original Act in a separate schedule.





8. Persons committed for criminal matter not to be removed but by
habeas corpus or other legal writ-Unduly making out, etc., warrant for
removal; penalty.-Provided alwaies . . . . that if any person or persons
subject of this realme shall be committed to [any 2] prison or in custodie
of any officer or officers whatsoever for any criminall or supposed
criminall matter that the said person shall not be removed from the said
prison and custody into the custody of any other officer or officers
unlesse it be by habeas corpus or some other legall writt or where the
prisoner is delivered to the constable or other inferiour officer to carry
such prisoner to some common goale [or where any person is sent by
order of any judge of assize or justice of the peace to any common
worke-house or house of correction or where the prisoner is removed
from one prison or place to another within the same county in order to
his or her tryall or discharge in due course of law or in case of suddaine
fire or infection or other necessity 1] and if any person or persons shall
after such committment aforesaid make out and signe or countersigne
any warrant or warrants for such removeall aforesaid contrary to this
Act as well he that makes or signes or countersignes such warrant or
warrants as the officer or officers that obey or execute the same shall
suffer and incurr the paines and forfeitures in this Act before-mentioned
both for the first and second offence respectively to be recovered in
manner aforesaid by the partie grieved.

9. Proviso for a application for and granting habeas corpus in
vacation time-Lord chancellor, etc., unduly denying writ; penalty to
party,
any prisoner and prisoners as aforesaid to move and obtaine his or their
habeas corpus as well out of the High Court of Chauncery or Court of
Exchequer as out of the courts of Kings Bench or Common Pleas or
either of them and if the said lord chauncellor or lord keeper or any
judge or judges baron or barons for the time being of the degree of the
coife of any of the courts aforesaid in the vacation time upon view of
the copy or copies of the warrant or warrants of committment or detainer
or upon oath made that such copy or (3) copyes were denyed as
aforesaid shall deny any writt of habeas corpus by this Act required to
be granted being moved for as aforesaid they shall severally forfeite to
the prisoner or partie grieved the summe of five hundred pounds to be
recovered in manner aforesaid.

16. Limitation of prosecution for offences against this Act. -
Provided alsoe . . . . that noe person or persons shall be sued impleaded
molested or troubled for any offence against this Act unlesse the partie
offending be sued or impleaded for the same within two yeares at the
most after such time wherein the offence shall be committed [in case the
partie grieved shall not be then in prison and if he shall be in prison then
within the space of two yeares 1] after the decease of the person
imprisoned or his or her delivery out of prison which shall first happen.

1 annexed to the original Act in a separate schedule.
2 interlined on the roll.
3 or O.





2 WILL. & MAR. C. 5.

(DISTRESS) (1689)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 6, p. 143]

An Actfor enabling the Sale of Goods distrained for Rent in case the
Rent be not paid in a reasonable time

[1.] Goods distrained may be sold.-Whereas the most ordinary and
ready way for recovery of arrears of rent is by distresse yet such
distresses not being to be sold but onely detained as pledges for
inforceing the payment of such rent the persons distraining have little
benefit thereby. For the remedying whereof bee it enacted and ordained
by the King and Queens most excellent Majestyes by and with the
advice and consent of the lords spirituall and temporall and commons in
this present Parlyament assembled and by authoritie of the same that
from and after the first day of June in the yeare of our Lord one
thousand six hundred and ninety that where any goods or chattells shall
be distrained for any rent reserved and due upon any demise lease or
contract whatsoever and the tenant or owner of the goods soe
distrained shall not within five dayes [next 1] after such distresse taken
and notice thereof (with the cause of such takeing) left at the chiefe
mansion house or other most notorious place on the premises charged
with the rent distrained for replevy the same with sufficient security to
be given to the sheriffe according to law that then in such case after
such distresse and notice as aforesaid and expiration of the said five
dayes the person distraining shall and may with the sheriffe or
undersheriffe of the county or with the constable of the hundred parish
or place where such distresse shall be taken (who are hereby required to
be aiding and assisting therein) cause the goods and chattells soe
distrained to be appraized by two sworne appraizers (whome such
sheriffe under sheriffe or constable are hereby impowred to sweare) to
appraize the same truely according to the best of their understandings
and after such appraisment shall and may lawfully sell the goods and
chattells soe distrained for the best price can be gotten for the same
towards satisfaction of the rent for which the said goods and chattells
shall be distrained and of the charges of such distresse appraisment and
sale leaveing the overplus (if any) in the hands of the said sheriffe under
sheriffe or constable for the owners use.

2. Sheaves or cocks of corn loose, etc., or bay, in any barn, etc.,
may be detained, and if not replevied, sold.-And whereas noe sheaves or
cocks of corne loose or in the straw or hay in any barne or

1 interlined on the roll.





granary or on any hovell stack or rick can by the law be distrained or
otherwise secured for rent whereby landlords are oftentimes cousened
and deceived by their tenants who sell their corne graine and hay to
strangers and remove the same from the premisses chargeable with such
rent and thereby avoid the payment of the same. Bee it further enacted
by the authoritie aforesaid that for remedying the said practice and
deceit it shall and may from and after the said first day of June be lawfull
to and for any person or persons haveing rent arreare and due upon any
such demise lease or contract as aforesaid to seize and secure any
sheaves or cocks of corne or corne loose or in the straw or hay lying or
being in any barne or granary or upon any hovell stack or rick or
otherwise upon any part of the land or [ground 1) charged with such rent
and to locke up or detaine the same in the place where the same shall be
found for or in the nature of a distresse untill the same shall be
replevyed upon such security to be given as aforesaid and in default of
replevying the same as aforesaid within the time aforesaid to sell the
same after such appraisment thereof to be made soe as neverthelesse
such corne graine or hay soe distrained as aforesaid be not removed by
the person [or 2] persons distraineing to the damage of the owner
thereof out of the place where the same shall be found and seized but be
kept there (as impounded) until] the same shall be replevyed or sold in
default of replevying the same within the time aforesaid.

3. Pound-breach or rescous, treble damages and cost.-And . . . .
upon any pound breach or rescous of goods or chattells distrained for
rent the person or persons grieved thereby shall in a speciall action
upon the case for the wrong thereby sustained recover his and their
treble damages and costs of suite against the offender or offenders in
any such rescous or pound-breach any or either of them or against the
owners of the goods distrained in case the same be afterwards found to
have come to his use or possession.

4. Wrongful distress, double damages and full costs.-Provided
always .... that in case any such distresse and sale as aforesaid shall be
made by vertue or colour of this present Act for rent pretended to be
arreare and due where in truth noe rent is arreare or due to the person or
persons distraining or to him or them in whose name or names or right
such distresse shall be taken as aforesaid that then the owner of such
goods or chattells distrained and sold as aforesaid his executors or
administrators shall and may by action of trespasse or upon the case to
be brought against the person or persons soe distraining any or either
of them his or their executors or administrators recover double of the
value of the goods or chattells soe distrained and sold together with full
costs of suite.

1 pound O. 2
and O.





10 WILL. 3 C. 22 (1697)

[Extractedfrom The Statutes Revised (2nd edition, 1888),
Vol. ],p. 751]

CHAPTER XXII (1)

An Act to enable Posthumus Children to take Estates as if borne in
their Fathers Life time.

WHEREAS it often happens that by marriage and other settlements
estates are limited in remainder to the use of the sons and daughters the
issue of such marriage with remainders over without limiting an estate to
trustees to preserve the contingent remainders limited to such sons and
daughters by which meanes such sons and daughters if they happen to
be borne after the decease of their father are in danger to be defeated of
their remainder by the next in remainder after them and left unprovided
for by such settlements contrary to the intent of the parties that made
those settlements. Be it enacted by the Kings most excellent Majesty by
and with the advice and consent of the lords spirituall and temporall and
commons in this present Parliament assembled and by the authority of
the same that where any estate already is or shall hereafter by any
marriage or other settlement be limited in remainder to or to the use of
the first or other son or sons of the body of any person lawfully
begotten with any remainder or remainders over to or to the use of any
other person or persons or in remainder to or to the use of a daughter or
daughters lawfully begotten with any remainder or remainders to any
other person or persons that any son or sons or daughter or daughters
of such person or persons lawfully begotten or to be begotten that shall
be borne after the decease of his her or their father shall and may by
virtue of such settlement take such estate so limited to the first and other
sons or to the daughter or daughters in the same manner as if borne in
the life time of his her or their father although there shall happen no
estate to be limited to trustees after the decease of the father to preserve
the contingent remainder to such after-borne son or sons daughter or
daughters untill he she or they come in esse or are borne to take the
same any law or usage to the contrary in any wise notwithstanding.

[Residue rep. 30 & 31. c. 59 (S.L.R.) ]

1 This is cap. XVI. in the common printed editions.





THE CESTUI QUE VIE ACT 1707

(6 Anne c. 72 1)

[Extractedfrom Halsbury's Statutes of England (2nd edition),
Vol. 20, p. 379]

An Act for the more effectual Discovery of the Death of Persons
pretended to be alive to the Prejudice of those who claim Estates
after their Deaths.

Whereas divers persons as guardians and trustees for infants and
husbands in right of their wives and other persons having estates or
interests determinable upon a life or lives have continued to receive the
rents and profits of such lands after the determination of their said
particular estates or interests. And whereas the proof of the death of the
persons on whose lives such particular estates or interests depended is
very difficult and several persons have been and maybe thereby
defrauded. For remedy whereof andfor preventing such fraudulent
practices:

[1.] Reversions, etc., expectant upon determination of life estate,
upon affidavit of belief of death of infant or other tenant for life, and that
such death is concealed by guardian, etc., may yearly obtain an order in
Chancery for the production of such tenant for life-Any person or
persons who hath or shall have any claim or demand in or to any
remainder reversion or expectancy in or to any estate after the death of
any person within age married woman or any other person whatsoever
upon affidavit made in the High Court of Chancery by the persons so
claiming such estate of his or her title and that he or she hath cause to
believe that such minor married woman or other person is dead and that
his or her death is concealed by such guardian trustee husband or any
other person shall and may once a year if the person aggrieved shall
think fit move the lord chancellor keeper or commissioners for the
custody of the great seal of Great Britain for the time being to order [and
they are hereby authorized and required to order 2] such guardian trustee
husband or other person concealing or suspected to conceal such
person at such time and place as the said court shall direct on personal
or other due service of such order to produce and shew to such person
or persons (not exceeding two) as shall in such order be named by the
party or parties prosecuting such order such minor married woman or
other persons aforesaid. And if such guardian trustee husband or such
other person as aforesaid shall refuse or neglect to produce or shew
such infant married woman of such other person on whose life any such
estate doth depend according to the directions of the said order then the
Court of Chancery is hereby authorized and required to order such
guardian trustee husband or other person to produce such minor
married woman or other person concealed in the said Court of Chancery
or otherwise before commissioners to be appointed by the said court at
such time and place as the court shall direct two of

1 This is Chapter XVIII, 6 Arm, in the common printed
editions.
2 Interlined on the roll.





which commissioners shall be nominated by the party or parties
prosecuting such order at his her or their costs and charges [And in
case such guardian trustee husband or other person 1] shall refuse or
neglect to produce such infant married woman or other person so
concealed in the Court of Chancery or before such commissioners
whereof return shall be made by such commissioners and that return
filed in the petty bag office in either or any of the said cases the said
minor married woman or such other person so concealed shall be taken
to be dead and it shall be lawful for any person claiming any right title or
interest in remainder or reversion or otherwise after the death of such
infant married woman or such other persons so concealed as aforesaid
to enter upon such lands tenements and hereditaments as if such infant
married woman or other person so concealed were actually dead.

2. If such infant, etc., tenant for fife, appear to be in some place
beyond sea, party prosecuting such order may send over to view such
infant.-And .... if it shall appear to the said court by affidavit that such
minor married woman or other person for such life such estate is holden
is or lately was at some certain place beyond the seas in the said
affidavit to be mentioned it shall and may be lawful for the party or
parties prosecuting such order as aforesaid at his her or their costs and
charges to send over one or both the said persons appointed by the said
order to view such minor married woman or other person for whose life
any such estate is holden and in case such guardian trustee husband or
other person concealing or suspected to conceal such persons as
aforesaid shall refuse or neglect to produce or procure to be produced to
such person or persons a personal view of such infant married woman or
other person for whose life any such estate is holden .... then and in
such case such person or persons are hereby required to make a true
return of such refusal or neglect to the Court of Chancery which return
shall be filed in the petty bag office and thereupon such minor married
woman or other person for whose life any such estate is holden shall be
taken to be dead and it shall be lawful for any person claiming any right
title or interest in remainder reversion or otherwise after the death of
such infant married woman or other person for whose life any such
estate is holden to enter upon such lands tenements and hereditaments
as if such infant married woman or other person for whose life any such
estate is holden were actually dead.

3. If it appear afterwards in any action to be brought that such
tenant for fife was alive at the time of the order made then he or she
may re-enter and have action for rent, etc.-Provided always that if it
shall afterwards appear upon proof in any action to be brought that
such infant married woman or other person for whose life any such
estate is holden were alive at the time of such order made that then it
shall be lawful for such infant married woman guardian or trustee or
other person having any estate or interest determinable upon such life
to re-enter upon the said lands tenements or hereditaments and

1 interlined on the roll.





for such infant married woman or other person having any estate or
interest determinable upon such life their executors administrators or
assigns to maintain an action against those who since the said order
received the profits of such lands tenements or hereditaments or their
executors or administrators and therein to recover full damages for the
profits of the same received from the time that such infant married
woman or other person having any estate or interest determinable upon
such life were ousted of the possession of such lands tenements or
hereditaments.

4. Proviso for guardian, etc., who shall make it appear that due
endeavour has been used to procure the appearance of such infant and
tenant for life.-Provided always that if any such guardian trustee
husband or other person or persons holding or having any estate or
interest determinable upon the life or lives of any other person or
persons shall by affidavit or otherwise to the satisfaction of the said
Court of Chancery make appear that he she or they have used his her or
their utmost endeavours to procure such infant married woman or other
person or persons on whose life or lives such estate or interest doth
depend to appear in the said Court of Chancery or elsewhere according
to the order of the said court in that behalf made and that he she or they
cannot procure or compel such infant married woman or other person or
persons so to appear and that such infant married woman or other
person or persons on whose life or lives such estate or interest doth
depend is are or were living at the time of such return made and filed as
aforesaid then it shall be lawful for such person or persons to continue
in the possession of such estate and receive the rents and profits
thereof for and during the infancy of such infant and the life or lives of
such married woman or other person or persons on whose life or lives
such estate or interest doth or shall depend as fully as he she or they
might have done if this Act had not been made.

5. Guardians, trustees, etc., holding over without consent of
remainder man, etc., deemed trespassers. Damages.-And . . . . every
person who as guardian or trustee for any infant and every husband
seised in right of his wife only and every other person having any estate
determinable upon any life or lives who after the determination of such
particular estates or interests without the express consent of him her or
them who are or shall be next and immediately entitled upon and after
the determination of such particular estates or interests shall hold over
and continue in possession of any manors messuages lands tenements
or hereditaments shall be and are hereby adjudged to be trespassers and
.... every person or persons his her and their executors and
administrators who are or shall be entitled to any such manors
messuages lands tenements and hereditaments upon or after the
determination of such particular estates or interests shall and may
recover in damages against every such person or persons so holding
over as foresaid and against his her or their executors or administrators
the full value of the profits received during such wrongful possession as
aforesaid.





THE LANDLORD AND TENANT ACT 1709

(8 Anne c. 18 1)

[Extractedfrom Halsbury's Statutes of England (2nd edition),
Vol. 13, p. 846]

An Act for the better Security of Rents and to prevent Frauds
committed by Tenants.

4. Action for arrears of rent against tenant for life.-And whereas no
action of debt lies against a tenant for life or lives for any arrears of rent
during the continuance of such estate for life or lives .... it shall and may
be lawful for any person or persons having any rent in arrear or due
upon any lease or demise for life or lives to bring an action or actions of
debt for such arrears of rent in the same manner as they might have
done in case such rent were due and reserved upon a lease for years.

6. Distress for arrears on leases determined.-And whereas tenants
per auter vie and lessees for years or at will frequently hold over the
tenements to them demised after the determination of such leases. And
whereas after the determination of such or any other leases no distress
can by law be made for any arrears of rent that grew due on such
respective leases before the determination thereof .... it shall and may be
lawful for any person or persons having any rent in arrear or due upon
any lease for life or lives or for years or at will ended or determined to
distrain for such arrears after the determination of the said respective
leases in the same manner as they might have done if such lease or
leases had not been ended or determined.

7. Limitation of such distress - [2 Provided that such distress be
made within the space of six calendar months after the determination of
such lease [and 3] during the continuance of such landlords title or
interest and during the possession of the tenant from whom such
arrears became due].

8. Proviso for the crown.-[Provided always and it is hereby enacted
and declared by the authority aforesaid that nothing in this Act
contained shall extend or be construed to extend to let hinder or
prejudice her Majesty her heires or successors in the levying recovering
or seizing any debts fines penalties or forfeitures that are or shall be due
payable or answerable to her Majesty her heirs or successors but that it
shall and may be lawful for her Majesty her heirs and successors to levy
recover and seize such debts fines penalties and forfeitures in the same
manner as if this Act had never been made any thing in this Act
contained to the contrary thereof in any wise notwithstanding2].

1 This is chapter XIV in the common printed editions.
2 Annexed to the original Act in a separate schedule. '
3 Interlined on the roll.





THE GAMING ACT 1710

(9 Anne c. 19)l

[Extractedfrom HaIsbury's Statutes of England (2nd edition),
Vol. 10, p. 737]

An Act for the better preventing of excessive and deceitful Gaming.

[1.] Security given for money, etc., won by gaming or for
repayment of money lent for gaming void.-From and after the first day
of May one thousand seven hundred and eleven all notes bills bonds
judgments mortgages or other securities or conveyances whatsoever
given granted drawn or entred into or executed by any person or
persons whatsoever where the whole or any part of the consideration of
such conveyances or securities shall be for any money or other valuable
thing whatsoever won by gaming or playing at cards dice tables tennis
bowles or other game or games whatsoever or by betting on the sides or
hands of such as do game at any of the games aforesaid or for the
reimbursing or repaying any money knowingly lent or advanced for
such gaming or betting as aforesaid or lent or advanced at the time and
place of such play to any person or persons so gaming or betting as
aforesaid or that shall during such play, so play or bett shall be utterly
void frustrate and of none effect to all intents and purposes whatsoever
any statute law or usage to the contrary thereof in any wise
notwithstanding ....

1 This is chapter 14 in the common printed editions.

THE LANDLORD AND TENANT ACT 1730

(4 Geo. 2 c. 28)

[Extractedfrom The Statutes Revised (2nd edition 1889),
Vol. II, p. 88]

CHAPTER XXVIII

An Act for the more effectual preventing Frauds committed by

Tenants, andfor the more easy Recovery of Rents and Renewal of
Leases.

FOR securing to lessors and land-owners their just rights and to
prevent frauds frequently committed by tenants, 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 in case any tenant or
tenants for any term for life, lives, or years, or other person or persons
who are or shall come into possession of any lands, tenements, or
hereditaments by, from, or under, or by collusion with such tenant or
tenants, shall wilfully hold over any lands, tenements, or hereditaments
after the determination of such





term or terms, and after demand made and notice in writing given for
delivering the possession thereof by his or their landlords or lessors or
the person or persons to whom the remainder or reversion of such
lands, tenements, or hereditaments shall belong, his or their agent or
agents thereunto lawfully authorized, then and in such case, such
person or persons so holding over shall, for and during the time he, she,
and they shall so hold over or keep the person or persons entitled out of
possession of the said lands, tenements, and hereditaments as
aforesaid, pay to the person or persons so kept out of possession, their
executors, administrators, or assigns, at the rate of double the yearly
value of the lands, tenements, and hereditaments so detained, for so
long time as the same are detained, to be recovered in any of his
Majesty's courts of record by action of debt ....

5. AND whereas the remedy for recovering rents seck, rents of
assize, and chief rents are tedious and difficult: Be it therefore enacted
by the authority aforesaid, that from and after the twenty fourth day of
June one thousand seven hundred and thirty one all and every person
or persons, bodies politick and corporate, shall and may have the like
remedy by distress and by impounding and selling the same, in cases of
rents seck, rents of assize, and chief rents, which have been duly
answered or paid for the space of three years, within the space of twenty
years before the first day of this present session of Parliament, or shall
be hereafter created, as in case of rent reserved upon lease, any law or
usage to the contrary notwithstanding.

6. AND whereas many persons hold considerable estates by leases
for lives or years, and lease out the same in parcels to several under-
tenants, and whereas many of those leases cannot by law be renewed
without a surrender of all the under-leases derived out of the same, so
that it is in the power of any such under-tenants to prevent or delay the
renewing of the principal lease by refusing to surrender their under-
leases, notwithstanding they have covenanted so to do, to the great
prejudice of their immediate landlords, the first lessees: For preventing
such inconveniences and for making the renewal of leases more easy for
the future. be it enacted by the authority aforesaid, that in case any
lease shall be duly surrendered in order to be renewed, and a new lease
made and executed by the chief landlord or landlords, the same new
lease shall without a surrender of all or any the under-leases be as good
and valid to all intents and purposes as if all the under-leases derived
thereout had been likewise surrendered at or before the taking of such
new lease; and all and every person and persons in whom any estate for
life or lives or for years shall from time to time be vested by virtue of
such new lease, and his, her, and their executors and administrators,
shall be intitled to the rents, covenants, and duties, and have like
remedy for recovery thereof, and the under-lessees shall hold and enjoy
the messuages, lands, and tenements in the respective under-leases
comprised as if the original leases, out of which the respective under





leases are derived, had been still kept on foot and continued, and the
chief landlord and landlords shall have and be intitled to such and the
same remedy by distress or entry in and upon the messuages, lands,
tenements, and hereditaments comprised in any such underlease for the
rents and duties reserved by such new lease, so far as the same exceed
not the rents and duties reserved in the lease out of which such under-
lease was derived, as they would have had in case such former lease
had been still continued or as they would have had in case the
respective under-leases had been renewed under such new principal
lease, any law, custom, or usage to the contrary hereof notwithstanding.

THE DISTRESS FOR RENT ACT 1737

(11 Geo. 2 c. 19)

[Extractedfrom Halsbury's Statutes of England (2nd edition),
Vol. 6, p. 147]

An Act for the more effectual securing the Payment of Rents, and
preventing Frauds by Tenants.

Preamble.-Whereas the several laws heretofore made for the better
security of rents, and to prevent frauds committed by tenants, have not
proved sufficient to obtain the good ends and purposes designed
thereby, but rather the fraudulent practices of tenants, and the mischief
intended by the said Acts to be prevented have of late years increased,
to the great loss and damage of their lessors or landlords: For remedy
whereof, may it please your most excellent Majesty that it may be
enacted, and 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

[1.] Landlords may distrain and sell goods fraudulently carried off
the premisses.-From and after the twenty-fourth day of June in the year
of our Lord one thousand seven hundred and thirty eight, in case any
tenant or tenants, lessee or lessees for life or lives, term of years, at will,
sufferance, or otherwise, of any messuages, lands, tenements, or
hereditaments, upon the demise or holding whereof any rent is or shall
be reserved, due, or made payable, shall fraudulently or clandestinely
convey away, or carry off or from such premises, his, her, or their goods
or chattels, to prevent the landlord or lessor, landlords or lessors, from
distraining the same for arrears of rent so reserved, due, or made
payable, it shall and may be lawful to and for every landlord or lessor,
landlords or lessors, within .... England, dominion of Wales, or the town
of Berwick upon Tweed, or any person or persons by him, her, or them
for that





purpose lawfully impowered, within the space of thirty days next
ensuing such conveying away or carrying off such goods or chattels as
aforesaid, to take and seize such goods and chattels wherever the same
shall be found, as a distress for the said arrears of rent, and the same to
sell or otherwise dispose of in such manner as if the said goods and
chattels had actually been distrained by such lessor or landlord, lessors
or landlords, in and upon such premisses for such arrears of rent, any
law, custom, or usage to the contrary in any wise notwithstanding.

2. Goods sold to any person not privy to the fraud.-Provided always,
that no landlord or lessor or other person intitled to such arrears of rent
shall take or seize any such goods or chattels as a distress for the same
which shall be sold bona fide and for a valuable consideration before
such seizure made to any person or persons not privy to such fraud as
aforesaid, any thing herein contained to the contrary notwithstanding.

3. Penalty on the said fraud,. or assisting thereto.-And to deter
tenants from such fraudulent conveying away their goods and chattels,
and others from wilfully aiding or assisting therein or concealing the
same, be it further enacted by the authority aforesaid, that from and after
the said twenty fourth day of June, if any such tenant or lessee shall
fraudulently remove and convey away his or her goods or chattels as
aforesaid, or if any person or persons shall wilfully and knowingly aid or
assist any such tenant or lessee in such fraudulent conveying away or
carrying off of any part of his or her goods or chattels, or in concealing
the same, all and every person and persons so offending shall forfeit
and pay to the landlord or landlords, lessor or lessors, from whose
estate such goods and chattels were fraudulently carried off as
aforesaid, double the value of the goods by him, her, or them
respectively carried off or concealed as aforesaid, to be recovered by
action of debt in any of his Majesty's courts of record at Westminster,
or in the courts of session in the counties palatine of Chester, Lancaster,
or Durham respectively .....

4. If the goods exceed not the value of $50, landlords to have
recourse to two justices.-Provided always, . . . . that where the goods
and chattels so fraudulently carried off or concealed shall not exceed the
value of fifty pounds, it shall and may be lawful for the landlord or
landlords from whose estate such goods or chattels were removed, his,
her, or their bailiff, servant, or agent in his, her, or their behalf, to exhibit
a complaint in writing against such offender or offenders before two or
more justices of the peace of the same county, riding, or division of
such county . . . . , not being interested in the lands or tenements
whence such goods were removed, who may summon the parties
concerned, examine the fact, and all proper witnesses upon oath, . . . .
and in a summary way determine whether such person or persons be
guilty of the offence with which he or they are charged; and to enquire
in like manner of the value of the goods and chattels





by him, her, or them respectively so fraudulently carried off or concealed
as aforesaid; and, upon full proof of the offence, by order under their
hands and seals, the said justices of peace may and shall adjudge the
offender or offenders to pay double the value of the said goods and
chattels to such landlord or landlords, his, her, or their bailiffs, servant,
or agent, at such time as the said justices shall appoint; ....

7. Landlords may break open houses to seize goods fraudulently
secured therein.-And . . . . where any goods or chattels fraudulently or
clandestinely conveyed or carried away by any tenant or tenants, lessee
or lessees, his, her, or their servant or servants, agent or agents, or other
person or persons aiding or assisting therein, shall be put, placed, or
kept in any house, barn, stable, out-house, yard, close, or place, locked
up, fastened, or otherwise secured, so as to prevent such goods or
chattels from being taken and seized as a distress for arrears of rent, it
shall and may be lawful for the landlord or landlords, lessor or lessors,
his, her, or their steward, bailiff, receiver, or other person or persons
impowered, to take and seize, as a distress for rent, such goods and
chattels (first calling to his, her, or their assistance the constable,
headborough, borsholder, or other peace-officer of the hundred,
borough, parish, district, or place where the same shall be suspected to
be concealed, who are hereby required to aid and assist therein; and in
case of a dwelling-house, oath being also first made before some justice
of the peace of a reasonable ground to suspect that such goods or
chattels are therein), in the daytime, to break open and enter into such
house, barn, stable, out-house, yard, close, and place, and to take and
seize such goods and chattels for the said arrears of rent, as he, she, or
they might have done by virtue of this or any former Act if such goods
and chattels had been put in any open field or place.

8. Landlords may distrain stock or cattle on the premisses, for
arrears of rent.-And .... from and after the said twenty fourth day of
June, which shall be in the year of our Lord one thousand seven
hundred and thirty eight, it shall and may be lawful to and for every
lessor or landlord, lessors or landlords, or his, her, or their steward,
bailiff, receiver, or other person or persons impowered by him, her, or
them, to take and seize, as a distress for arrears of rent, any cattle or
stock of their respective tenant or tenants feeding or depasturing upon
any common, appendent or appurtenant, or any ways belonging to all or
any part of the premisses demised or holden; and also to take and seize
all sorts of corn and grass, hops, roots, fruits, pulse, or other product
whatsoever which shall be growing on any part of the estates so
demised or holden, as a distress for arrears of rent; and the same to cut,
gather, make, cure, carry, and lay up, when ripe, in the barns or other
proper place on the premisses so demised or holden; and in case there
shall be no barn or proper place on the premisses so demised or holden,
then in any other barn or proper place which such lessor or landlord,
lessors or landlords, shall hire or otherwise procure for that purpose,
and as near as may be to the premisses,





and in convenient time to appraise, sell, or otherwise dispose of the
same, towards satisfaction of the rent for which such distress shall have
been taken, and of the charges of such distress, appraisement, and sale,
in the same manner as other goods and chattels may be seized,
distrained, and disposed of, and the appraisement thereof to be taken
when cut, gathered, cured, and made, and not before.

9. Tenants to have notice of the place where the distress is lodged-
Distress of corn, etc., to cease, if rent be paid before it be cut.-Provided
always, that notice of the place where the goods and chattels so
distrained shall be lodged or deposited shall, within the space of one
week after the lodging or depositing thereof in such place, be given to
such lessee or tenant, or left at the last place of his or her abode; and
that if after any distress for arrears of rent so taken, of corn, grass, hops,
roots, fruits, pulse, or other product which shall be growing as aforesaid
and at any time before the same shall be ripe and cut, cured, or gathered,
the tenant or lessee, his or her executors, administrators, or assigns,
shall pay or cause to be paid to the lessor or landlord, lessors or
landlords, for whom such distress shall be taken, or to the steward or
other person, usually imployed to receive the rents of such lessor or
lessors, landlord of landlords, the whole rent which shall be then in
arrear, together with the full costs and charges of making such distress
and which shall have been occasioned thereby, that then and upon such
payment or lawful tender thereof actually made, whereby the end of
such distress will be fully answered, the same, and every part thereof
shall cease, and the corn, grass, hops, roots, fruits, pulse, or other
product so distrained, shall be delivered up to the lessee or tenant, his
or her executors, administrators, or assigns, any thing herein before
contained to the contrary notwithstanding.

10. Distresses may be secured, and sold on the premisses.-And
whereas great difficulties and inconveniences frequently arise to
landlords and lessors and other persons taking distresses for rent, in
removing the goods and chattels or stock distrained off the premisses,
in cases where by law they may not be impounded and secured
thereupon, and also to the tenants themselves many times, by the
damage unavoidably done to such goods and chattels or stock in the
removal thereof. Be it enacted by the authority aforesaid, that from and
after the said twenty fourth day of June one thousand seven hundred
and thirty eight, it shall and may be lawful to and for any person or
persons lawfully taking any distress for any kind of rent, to impound or
otherwise secure the distress so made, of what nature or kind soever it
may be, in such place or on such part of the premisses chargeable with
the rent as shall be most fit and convenient for the impounding and
securing such distress, and to appraise. sell, and dispose of the same
upon the premisses in like manner and under the like directions and
restraints to all intents and purposes as any person taking a distress for
rent may now do off the premisses by virtue of an Act made in the
second year of the reign of King William and Queen Mary, intituled 'An
Act for enabling the





sale of goods distrained for rent, in case the rent 'be not paid in a
reasonable time,' or of one other Act made in the fourth year of his
present Majesty, intituled 'An Act for the more effectual 'preventing
frauds committed by tenants, and for the more easy recovery 'of rents
and renewal of leases'; and that it shall and may be lawful to and for any
person or persons whatsoever to come and go to and from such place or
part of the said premisses where any distress for rent shall be
impounded and secured as aforesaid, in order to view, appraise, and
buy, and also in order to carry off or remove the same on account of the
purchaser thereof, and that if any pound-breach or rescous shall be
made of any goods and chattels, or stock distrained for rent and
impounded or otherwise secured by virtue of this Act, the person or
persons aggrieved thereby shall have the like remedy as in cases of
pound-breach or rescous is given and provided by the said Statute.

11. AND whereas the possession of estates in lands, tenements,
and hereditaments is rendered very precarious by the frequent and
fraudulent practice of tenants in attorning to strangers who claim title to
the estates of their respective landlord or landlords, lessor or lessors,
who by that means are turned out of possession of their respective
estates and put to the difficulty and expense of recovering the
possession thereof by actions or suits at law: For remedy thereof ....
from and after the said twenty fourth day of June in the year of our Lord
one thousand seven hundred and thirty eight, all and every such
attornment and attornments of any tenant or tenants of any messuages,
lands, tenements, or hereditaments within that part of Great Britain
called England, dominion of Wales, or town of Berwick upon Tweed,
shall be absolutely null and void to all intents and purposes
whatsoever; and the possession of their respective landlord or
landlords, lessor or lessors, shall not be deemed or construed to be any
wise changed, altered, or affected by any such attornment or
attornments: Provided always, that nothing herein contained shall
extend to vacate or effect any attornment made pursuant to, and in
consequence of some judgment at law, or decree or order of a court of
equity, or made with the privity and consent of the landlord or
landlords, or lessor or lessors, or to any mortgagee after the mortgage is
become forfeited. [Extracted from The Statutes Revised (2nd edition, 1889),
Vol. II, p. 110 ]

14. Rents how to be recovered, where the demises are not by deed.-
And to obviate some difficulties that many times occur in the recovery of
rents where the demises are not by deed .... from and after the said
twenty fourth day of June it shall and may be lawful to and for the
landlord or landlords, where the agreement is not by deed, to recover a
reasonable satisfaction for the lands, tenements, or hereditaments, held
or occupied by the defendant or defendents in an action on the case for
the use and occupation of what was so held or enjoyed; and if in
evidence on the trial of such action any parol demise, or any agreement
(not being by deed) whereon a certain rent was reserved, shall appear,
the plaintiff in such action shall not therefore be non-suited, but may
make use thereof as an evidence of the quantum of the damages to be
recovered.





15. Rents recoverable from under-tenants, where tenants for life
die before the lease is expired.-And whereas where any lessor or
landlord having only an estate for life in the lands, tenements, or
hereditaments demised, happens to die before or on the day on which
any rent is reserved or made payable, such rent or any part thereof is not
by law recoverable by the executors or administrators of such lessor or
landlord, nor is the person in reversion intitled thereto any other than for
the use and occupation of such lands, tenements, or hereditaments, from
the death of the tenant for life; of which advantage hath been often
taken by the under-tenants, who thereby avoid paying any thing for the
same: For remedy whereof . . . . from and after the twenty fourth day of
June one thousand seven hundred and thirty eight, where any tenant for
life shall 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, that the executors or administrators of such tenant for life
shall and may, in an action on the case, recover of and from such under-
tenant or under-tenants 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.

16. Provision for landlords, where tenants desert the premisses. -
And whereas landlords are often great sufferers by tenants running
away in arrear, and not only suffering the demised premisses to lie
uncultivated without any distress thereon, whereby their landlords or
lessors might be satisfied for the rent-arrear, but also refusing to deliver
up the possession of the demised premisses, whereby the landlords are
put to the expence and delay of recovering in ejectment: Be it further
enacted by the authority aforesaid, that from and after the said twenty
fourth day of June one thousand seven hundred and thirty eight, if any
tenant holding any lands, tenements, or hereditaments at a rack-rent, or
where the rent reserved shall be full three fourths of the yearly value of
the demised premisses, who shall be in arrear for one year's rent, shall
desert the demised premisses and leave the same uncultivated or
unoccupied, so as no sufficient distress can be had to countervail the
arrears of rent, it shall and may be lawful to and for two or more justices
of the peace of the county, riding, division, or place (having no interest
in the demised premisses), at the request of the lessor or landlord,
lessors or landlords, or his, her, or their bailiff or receiver, to go upon
and view the same, and to affix or cause to be affixed on the most
notorious part of the premisses, notice in writing what day (at the
distance of fourteen days at least) they will return to take a second view
thereof; and if upon such second view the tenant, or some person on his
or her behalf, shall not appear and pay the rent in arrear, or there shall
not be sufficient distress upon the premisses,





then the said justices may put the landlord or landlords, lessor or
lessors into the possession of the said demised premisses, and the lease
thereof to such tenant, as to any demise therein contained only, shall
from thenceforth become void.

18. Tenants holding premisses after the time they notify for
quitting them, to pay double rent from such time.-And whereas
great inconveniences have happened and may happen to landlords
whose tenants have power to determine their leases, by giving notice
quit the premisses by them holden, and yet refuseing to deliver up the
possession when the landlord hath agreed with another tenant for the
same: Be it further enacted by the authority aforesaid, that from and
after the said twenty fourth day of June one thousand seven hundred
and thirty eight, in case any tenant or tenants shall give notice of his,
her, or their intention to quit the premisses by him, her, or them holden,
at a time mentioned in such notice, and shall not accordingly deliver up
the possession thereof at the time in such notice contained, that then
the said tenant or tenants, his, her, or their executors or administrators,
shall from thenceforward pay to the landlord or landlords, lessor or
lessors, double the rent or sum which he, she, or they should otherwise
have paid, to be levied, sued for, and recovered at the same times and in
the same manner as the single rent or sum, before the giving such
notice, could be levied, sued for, or recovered; and such double rent or
sum shall continue to be paid during all the time such tenant or tenants
shall continue in possession as aforesaid.

19. Distresses for rent not unlawful, etc., for any irregularity in
the disposition of them.-And whereas it hath sometimes happened that
upon a distress made for rent justly due, the directions of the Statute
made in the second year of the reign of King William and Queen Mary,
intituled 'An Act for enabling the sale 'of goods distrained for rent, in
case the rent be not paid in a 'reasonable time,' have not been strictly
pursued, but through the mistake or inadvertency of the landlord or
other person intituled to such rent, and distraining for the same, or of
the bailiff or agent of such landlord or other person, some irregularity or
tortious act hath been afterwards done in the disposition of the distress
so seized or taken as aforesaid, for which irregularity or tortious act the
party distraining hath been deemed a trespasser ab initio, and in an
action brought against him as such, the plaintiff hath been intitled to
recover, and has actually recovered the full value of the rent for which
such distress was taken: And whereas it is a very great hardship upon
landlords and other persons intitled to rents, that a distress duly made
should be thus in effect avoided for any subsequent irregularity: Be it
enacted by the authority aforesaid, that from and after the said twenty
fourth day of June in the year of our Lord one thousand seven hundred
and thirty eight, where any distress shall be made for any kind of rent
justly due, and any irregularity or unlawful act shall be afterwards done
by the party or parties distraining, or by his, her, or their agents, the
distress itself





shall not be therefore deemed to be unlawful, nor the party or parties
making it be deemed a trespasser or trespassers ab initio; but the party
or parties aggrieved by such unlawful act or irregularity shall or may
recover full satisfaction for the special damage he she or they shall have
sustained thereby, and no more, in an action of trespass or on the case,
at the election of the plaintiff or plaintiffs: Provided always, that where
the plaintiff or plaintiffs shall recover in such action, he, she, or they
shall be paid his, her, or their full costs of suit, and have all the like
remedies for the same as in other cases of costs.

20. Tenants not to recover by action, on tender of amends.Provided
nevertheless, that no tenant or tenants, lessee or lessees, shall recover
in any action for any such unlawful act or irregularity as aforesaid, if
tender of amends hath been made by the party or parties distraining, his,
her, or their agent or agents, before such action brought.

THE CALENDAR (NEW STYLE) ACT 1750

(24 Geo. 2 c. 23)

[Extracted from The Statutes Revised (2nd edition, 1889),
Vol. II, p. 246]

CHAPTER XXIII

An Act for regulating the Commencement of the Year, and for
correcting the Calendar now in use.[1]

WHEREAS the legal supputation of the year of our Lord in that part
of Great Britain called England, according to which the year beginneth
on the twenty-fifth day of March, hath been found by experience to be
attended with divers inconveniences, not only as it differs from the
usage of neighbouring nations, but also from the legal method of
computation in that part of Great Britain called Scotland, and from the
common usage throughout the whole kingdom, and thereby frequent
mistakes are occasioned in the dates of deeds and other writings, and
disputes arise therefrom: And whereas the calendar now in use
throughout all his Majesty's British dominions, commonly called The
Julian Calendar, hath been discovered to be erroneous, by means
whereof the vernal or spring equinox, which at the time of the general
council of Nice in the year of our Lord three hundred and twenty-five
happened on or about the twenty-first day of March, now happens on
the ninth or tenth day of the same month; and the said error is still
increasing, and if

1 Rep., so far as it requires the keeping and observing of the 30th day of
January, the 29th day of May, and the 5th day of November; 22 Vict. c. 2.





not remedied would in process of time occasion the several equinoxes
and solstices to fall at very different times in the civil year from what
they formerly did, which might tend to mislead persons ignorant of the
said alteration: And whereas a method of correcting the calendar in such
manner as that the equinoxes and solstices may for the future fall nearly
on the same nominal days on whch the same happened at the time of the
said general council hath been received and established, and is now
generally practised by almost all other nations of Europe: And whereas
it will be of general convenience to merchants and other persons
corresponding with other nations and countries, and tend to prevent
mistakes and disputes in or concerning the dates of letters and
accounts, if the like correction be received and established in his.
Majesty's dominions: May it therefore please your Majesty that it may
be enacted, and 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 in and throughout all his Majesty's dominions and
countries in Europe, Asia, Africa, and America, belonging or subject to
the crown of Great Britain, the said supputation, according to which the
year of our Lord beginneth on the twenty-fifth day of March, shall not
be made use of from and after the last day of December one thousand
seven hundred and fifty-one; and that the first day of January next
following the said last day of December shall be reckoned, taken,
deemed, and accounted to be the first of the year of our Lord one
thousand seven hundred and fifty-two; and the first day of January
which shall happen next after the said first day of January one thousand
seven hundred and fifty-two shall be reckoned, taken, deemed, and
accounted to be the first day of the year of our Lord one thousand
seven hundred and fifty-three; and so on from time to time the first day
of January in every year which shall happen in time to come shall be
reckoned, taken, deerned, and accounted to be the first day of the year,
and that each new year shall accordingly commence and begin to be
reckoned from the first day of every such month of January next
preceding the twentyfifth day of March on which such year would
according to the present supputation have begun or commenced; and
that from and after the said first day of January one thousand seven
hundred and fifty-two the several days of each month shall go on, and
and be reckoned and numbered in the same order, and the feast of Easter
and other moveable feasts thereon depending shall be ascertained
according to the same method, as they now are, until the second day of
September in the said year one thousand seven hundred and fifty-two
inclusive; and that the natural day next immediately following the said
second day of September shall be called, reckoned, and accounted to be
the fourteenth day of September, omitting for that time only the eleven
intermediate nominal days of the common calendar; and that the several
natural days which shall follow and succeed next after the said
fourteenth day of September shall be respectively called, reckoned, and
numbered forwards in numerical order from the said fourteenth day of
September, according to the





order and succession of days now used in the present calendar; and
that all acts, deeds, writings, notes, and other instruments, of what
nature or kind soever, whether ecclesiastical or civil, publick or private,
which shall be made, executed, or signed upon or after the said first day
of January one thousand seven hundred and fifty-two, shall bear date
according to the said new method of supputation; and that the two fixed
terms of Saint Hilary and Saint Michael, in that part of Great Britain
called England, and the courts of great sessions in the counties palatine
and in Wales, and also the courts of general quarter sessions and
general sessions of the peace, and all other courts, of what nature or
kind soever, whether civil, criminal, or ecclesiastical, and all meetings
and assemblies of any bodies politick or corporate, either for the
election of any officers or members thereof, or for any such officers
entering upon the execution of their respective offices, or for any other
purpose whatsoever, which by any law, statute, charter, custom, or
usage within this kingdom, or within any other the dominions or
countries subject or belonging to the crown of Great Britain, are to be
holden and kept on any fixed or certain day of any month, or on any day
depending upon the beginning or any certain day of any month (except
such courts as are usually holden or kept with any fairs or marts), shall
from time to time, from and after the said second day of September, be
holden and kept upon or according to the same respective nominal days
and times whereon or according to which the same are now to be
holden, but which shall be computed according to the said new method
of numbering and reckoning the days of the calendar as aforesaid, that
is to say, eleven days sooner than the respective days whereon the
same are now holden and kept, any law, statute, charter, custom, or
usage to the contrary thereof in anywise notwithstanding.

2. AND for the continuing and preserving the calendar or method
of reckoning, and computing the days of the year in the same regular
course, as near as may be, in all times coming, be it further enacted by
the authority aforesaid, that the several years of our Lord one thousand
eight hundred, one thousand nine hundred, two thousand one hundred,
two thousand two hundred, two thousand three hundred, or any other
hundredth years of our Lord which shall happen in time to come, except
only every fourth hundredth year of our Lord, whereof the year of our
Lord two thousand shall be the first, shall not be esteemed or taken to
be bissextile or leap years, but shall be taken to be common years
consisting of three hundred and sixty-five days, and no more; and that
the years of our Lord two thousand, two thousand four hundred, two
thousand eight hundred, and every other fourth hundredth year of our
Lord from the said year of our Lord two thousand inclusive, and also all
other years of our Lord which by the present supputation are esteemed
to be bissextile or leap years, shall for the future and in all times to come
be esteemed and taken to be bissextile or leap years, consisting of three
hundred and sixty-six days, in the same sort and manner as is now used
with respect to every fourth year of our Lord.





3. AND whereas according to the rule prefixed to the Book of,
Common Prayer of the Church of England Easter-Day is always the first
Sunday after the first full moon which happens next after the one and
twentieth day of March, and if the full moon happens upon a Sunday
Easter-Day is the Sunday after, which rule was made in conformity to the
decree of the said general Council of Nice for the celebration of the said
feast of Easter: And whereas the method of computing the full moons
now used in the Church of England, and according to which the table to
find Easter for ever, prefixed to the said Book of Common Prayer is
formed, is by process of time become considerably erroneous: And
whereas a calendar, and also certain tables and rules for the fixing the
true time of the celebration of the said feast of Easter, and the finding the
times of the full moons on which the same dependeth, so as the same
shall agree as nearly as may be with the decree of the said general
council and also with the practice of foreign countries, have been
prepared, and are hereunto annexed: Be it therefore further enacted by
the authority aforesaid, that the said feast of Easter or any of the
moveable feasts thereon depending, shall from and after the said second
day of September be no longer kept or observed in that part of great
Britain called England, or in any other the dominions or countries subject
or belonging to the crown of Great Britain, according to the said method
of supputation now used, or the said table prefixed to the said Book of
Common Prayer; and that the said table, and also the column of golden
numbers as they are now prefixed to the respective days of the month in
the said calendar, shall be left out in all future editions of the said Book
of Common Prayer; and that the said new calendar, tables, and rules
hereunto annexed shall be prefixed to all such future editions of the said
book, in the room and stead thereof., and that from and after the said
second day of September all and every the fixed feast-days, holy days,
and fast-days which are now kept and observed by the Church of
England, and also the several solemn days of thanksgiving, and of
fasting and humiliation, which by virtue of any Act of Parliament now in
being are from time to time to be kept and observed shall be kept and
observed on the respective days marked for the celebration of the same
in the said new calendar, that is to say, on the same respective nominal
days on which the same are now kept and observed, but which,
according to the alteration by this Act intended to be made as aforesaid,
will happen eleven days sooner than the same now do; and that the said
feast of Easter, and all other moveable feasts thereon depending, shall
from time to time be observed and celebrated according to the said new
calendar, tables, and rules hereunto annexed, in that part of Great Britain
called England, and in all the dominions and countries aforesaid wherein
the liturgy of the Church of England now is or hereafter shall be used;
and that the two moveable terms of Easter and Trinity, and all courts, of
what nature or kind soever, and all meetings and assemblies of any
bodies politick -or corporate, and all markets, fairs, and marts, and courts
thereunto belonging, which, by any law, statute, charter, custom, or
usage are appointed, used, or accustomed to be holden and kept at any
moveable time or





times depending upon the time of Easter, or any other such moveable
feast as aforesaid, shall from time to time, from and after the said second
day of September, be holden and kept on such days and times whereon
the same shall respectively happen or fall, according to the happening
or falling of the said feast of Easter or such other moveable feasts as
aforesaid, to be computed according to the said new calendar, tables,
and rules.

6. PROVIDED also, and it is hereby further declared and enacted,
that nothing in this present Act contained shall extend or be construed
to extend to accelerate or anticipate the time of payment of any rent or
rents, annuity or annuities, or sum or sums of money whatsoever which
shall become payable by virtue or in consequence of any custom, usage,
lease, deed, writing, bond, note, contract, or other agreement
whatsoever, now subsisting, or which shall be made, signed, sealed, or
entered into at any time before the said fourteenth day of September, or
which shall become payable by virtue of an Act or Acts of Parliament
now in force, or which shall be made before the said fourteenth day of
September, or the time of doing any matter or thing directed or required
by any such Act or Acts of Parliament to be done in relation thereto; or
to accelerate the payment of or increase the interest of any such sum of
money which shall become payable as aforesaid; or to accelerate the
time of the delivery of any goods, chattels, wares, merchandize, or other
things whatsoever; or the time of the commencement, expiration, or
determination of any lease or demise of any lands, tenements, or
hereditaments, or of any other contract or agreement whatsoever; or of
the accepting, surrendering, or delivering up the possession of any such
lands, tenements, or hereditaments; or the commencement, expiration, or
determination of any annuity or rent; or of any grant for any term of
years, of what nature or kind soever, by virtue or in consequence of any
such deed, writing, contract, or agreement; or the time of the attaining
the age of one and twenty years. or any other age requisite by any law,
custom, or usage, deed, will, or writing whatsoever, for the doing any
act, or for any other purpose whatsoever, by any person or persons now
born, or who shall be born before the said fourteenth day of September,
or the time of the expiration or determination of any apprenticeship or
other service, by virtue of any indenture, or of any articles under seal, or
by reason of any simple contract or hiring whatsoever; but that all and
every such rent and rents, annuity and annuities, sum and sums of
money, and the interest thereof, shall remain and continue to be due and
payable, and the delivery of such goods and chattels, wares and
merchandize, shall be made, and the said leases and demises of all such
lands, tenements, and hereditaments, and the said contracts and
agreements, shall be deemed to commence, expire, and determine, and
the said lands. tenements, and hereditaments shall be accepted,
surrendered, and delivered up, and the said rents and annuities, and
grants for any term of years, shall commence, cease and determine, at
and upon the same respective natural days and times as the same
should and, ought to have been payable or made





or would have happened in case this Act had not been made; and that
no further or other sum shall be paid or payable for the interest of any
sum of money whatsoever than such interest shall amount unto for the
true number of natural days for which the principal sum bearing such
interest shall continue due and unpaid; and that no person or persons
whatsoever shall be deemed or taken to have attained the said age of
one and twenty years, or any other such age as aforesaid, or to have
completed the time of any such service as aforesaid, until the full
number of years and days shall be elapsed on which such person or
persons respectively would have attained such age or would have
completed the time of such service as aforesaid in case this Act had not
been made, any thing herein before contained to the contrary thereof in
anywise notwithstanding.

THE LIFE ASSURANCE ACT 1774

(14 Geo. 3 c. 48)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 13, p. 7]

An Act for regulating Insurances upon Lives, andfor prohibiting all such
Insurances except in cases where the Persons insuring shall have an
Interest in the Life or Death of the Persons insured.

Whereas it hath been found by experience that the making
insurances on lives or other events wherein the assured shall have no
interest hath introduced a mischievous kind of gaming:

[1.] No insurance to be made on lives, etc., by persons having no
interest, etc.-From and after the passing of this Act no insurance shall
be made by any person or persons, bodies politick or corporate, on the
life or lives of any person or persons, or on any other event or events
whatsoever, wherein the person or persons for whose use, benefit, or
on whose account such policy or policies shall be made, shall have no
interest, or by way of gaming or wagering; and that every assurance
made contrary to the true intent and meaning hereof shall be null and
void to all intents and purposes whatsoever.

2. No policies on lives without inserting the names of persons
interested, etc.-And .... it shall not be lawful to make any policy or
policies on the life or lives of any person or persons, or other event or
events, without inserting in such policy or policies the person or
persons name or names interested therein, or for whose use, benefit, or
on whose account such policy is so made or underwrote.

3. How much may be recovered where the insured hath interest in
lives.-And .... in all cases where the insured hath interest in such life or
lives, event or events, no greater sum shall be recovered or





received from the insurer or insurers than the amount of value of the
interest of the insured in such life or lives, or other event or events.

4. Not to extend to insurances on ships, goods, etc.-Provided,
always, that nothing herein contained shall extend or be construed to
extend to insurances bona fide made by any person or persons on
ships, goods, or merchandises, but every such insurance shall be as
valid and effectual in the law as if this Act had not been made.

THE FIRES PREVENTION (METROPOLIS) ACT 1774

(14 Geo. 3 c. 78)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 13, p. 9]

An Act .... for the more effectually preventing Mischiefs by Fire within
the Cities of London and Westminster and the Liberties thereof
and other the Parishes, Precincts, and Places within the Weekly
Bills of Mortality, the Parishes of Saint Mary-le-bon, Paddington,
Saint Pancras and Saint Luke at Chelsea, in the County of
Middlesex ....

83. Money insured on houses burnt how to be applied.-And in order
to deter and hinder ill-minded persons from wilfully setting their house
or houses or other buildings on fire with a view of gaining to themselves
the insurance money, whereby the lives and fortunes of many families
may be lost or endangered: Be it further enacted by the authority
aforesaid, that it shall and may be lawful to and for the respective
governors or directors of the several insurance offices for insuring
houses or other buildings against loss by fire, and they are hereby
authorized and required, upon the request of any person or persons
interested in or intitled unto any house or houses or other buildings
which may hereafter be burnt down, demolished or damaged by fire, or
upon any grounds of suspicion that the owner or owners, occupier or
occupiers, or other person or persons who shall have insured such
house or houses or other buildings have been guilty of fraud, or of
willfuly setting their house or houses or other buildings on fire, to cause
the insurance money to be laid out and expended, as far as the same will
go, towards rebuilding, reinstating or repairing such house or houses or
other buildings so burnt down, demolished or damaged by fire, unless
the party or parties claiming such insurance money shall, within sixty
days next after his, her or their claim is adjusted, give a sufficient
security to the governors or directors of the insurance office where such
house or houses or other buildings are insured, that the same insurance
money shall be laid out and expended as aforesaid, or unless the said
insurance money shall be in that time settled and disposed of to and
amongst all the





contending parties, to the satisfaction and approbation of such
governors or directors of such insurance office respectively.

86. No action to lie against a person where the fire accidently
begins.-And .... no action, suit or process whatever shall be had,
maintained or prosecuted against any person in whose house, chamber,
stable, barn or other building, or on whose estate any fire shall ....
accidentally begin, nor shall any recompence be made by such person
for any damage suffered thereby, any law, usage or custom to the
contrary notwithstanding: And in such case, if any action be brought,
the defendant may plead the general issue, and give this Act and the
special matter in evidence at any trial thereupon to be had; .... provided
that no contract or agreement made between landlord and tenant shall
be hereby defeated or made void.

THE LIBEL. ACT 1792

(32 Geo. 3 c. 60)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 13, p. 1120]

An Act to remove Doubts respecting the Functions of Juries in Cases of
Libel.

Whereas doubts have arisen whether on the trial of an indictment
or information for the making or publishing any libel, where an issue or
issues are joined between the King and the defendant or defendants, on
the plea of not guilty pleaded, it be competent to the jury impanelled to
try the same to give their verdict upon the whole matter in issue:

[1.] On the trial of an indictment for a libel the jury may give a
general verdict upon the whole matter put in issue.-On every such trial
the jury sworn to try the issue may give a general verdict of guilty or not
guilty upon the whole matter put in issue upon such indictment or
information, and shall not be required or directed by the court or judge
before whom such indictment or information shall be tried to find the
defendant or defendants guilty merely on the proof of the publication
by such defendant or defendants of the paper charged to be a libel, and
of the sense ascribed to the same in such indictment or information.

2. The court shall give their opinion and directions.-Provided
always, that on every such trial the court or judge before whom such
indictment or information shall be tried shall, according to their or his
discretion, give their or his opinion and directions to the jury on the
matter in issue between the King and the defendant or defendants, in
like manner as in other criminal cases.





3. Jury may find a special verdict.-Provided also, that nothing
herein contained shall extend or be construed to extend to prevent the
jury from finding a special verdict, in their discretion, as in other criminal
cases.

4. Defendant found guilty may move in arrest of judgement as
before this Act.-Provided also, that in case the jury shall find the
defendant or defendants guilty it shall and may be lawful for the said
defendant or defendants to move in arrest of judgement, on such
ground and in such manner as by law he or they might have done before
the passing of this Act, any thing herein contained to the contrary
notwithstanding.

THE OFFENCES AT SEA ACT 1799

(39 Geo. 3 c. 37)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 5, p. 583]

An Actfor remedying certain Defects in the Law respecting Offences
committed upon the High Seas.

[10th May, 1799.]

[1.] Offences at sea to be tried in same manner as offences on
land.-All and every offence and offences which after the passing of this
Act shall be committed upon the high seas, out of the body of any
county of this realm, shall be and they are hereby declared to be
offences of the same nature respectively, and to be liable to the same
punishments respectively, as if they had been committed upon the
shore, and shall be enquired of, heard, tried and determined and
adjudged, in the same manner as treasons, felonies, murthers and
confederacies are directed to be by the same Act.

THE WITNESSES ACT 1806

(46 Geo. 3 c. 37)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 9, p. 541]

An Act to declare the Law with respect to Witnesses refusing to answer.

[5th May, 1806.]





[1.] Witnesses cannot refuse to answer questions tending to
establish their indebtedness, etc.-A witness cannot by law refuse to
answer a question relevant to the matter in issue, the answering of
which has no tendency to accuse himself or to expose him to penalty or
forfeiture of any nature whatsoever, by reason only or on the sole
ground that the answering of such question may establish or tend to
establish that he owes a debt, or is otherwise subject to a civil suit either
at the instance of his Majesty or of any other person or persons.

THE CHARITIES PROCEDURE ACT 1812

(52 Geo. 3 c. 101)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 2, p. 828]

An Act to provide a summary Remedy in Cases of Abuses of Trusts
created for charitable Purposes.

[9th July, 1812.]

[1.] In cases of breach of a charitable trust, etc., a petition may be
presented to the lord chancellor, etc., who shall hear the same in a
summary way, and make order therein.-From and after the passing of
this Act, in every case of a breach of any trust or supposed breach of
any trust created for charitable purposes, or whenever the direction or
order of a court of equity shall be deemed necessary for the
administration of any trust for charitable purposes, it shall be lawful for
any two or more persons to present a petition to the lord chancellor, lord
keeper, or lords commissioners for the custody of the great seal, or
master of the rolls for the time being, or to the Court of Exchequer,
stating such complaint and praying such relief as the nature of the case
may require; and it shall be lawful for the lord chancellor, lord keeper
and commissioners for the custody of the great seal, and for the master
of the rolls and the Court of Exchequer, and they are hereby required, to
hear such petition in a summary way, and upon affidavits or such other
evidence as shall be produced upon such hearing to determine the
same, and to make such order therein and with respect to the costs of
such applications as to him or them shall seem just ....

2. Petitions to he signed by petitioners, and certified by attorney
general, etc.-Provided always, . . . . that every petition so to be preferred
as aforesaid shall be signed by the persons preferring the same, in the
presence of and shall be attested by the solicitor or attorney concerned
for such petitioners, and every such petition shall be submitted to and
be allowed by his Majesty's attorney or solicitor general, and such
allowance shall be certified by him before any such petition shall be
presented.





3. Proceedings not liable to any stamp duty -And .... neither the
petitions, nor any proceedings upon the same or relative thereto, nor
the copies of any such petitions or proceedings, shall be subject or
liable to the payment of any stamp duty whatever.

THE HABEAS CORPUS ACT 1816

(56 Geo. 3 c. 100)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 6, p. 96 ]

An Act for more effectually securing the Liberty of the Subject.

[Ist July, 1816.]

[1.] Judges to issue, in vacation, writs of habeas corpus returnable
immediately, in cases other than for criminal matter, or for debt, or on
civil process.-Where any person shall be confined or restrained of his or
her liberty (otherwise than for some criminal or supposed criminal matter,
and except persons imprisoned for debt or by process in any civil suit)
within that part of Great Britain called England, dominion of Wales, or
town of Berwick-uponTweed, or the Isles of Jersey, Guernsey, or Man, it
shall and may be lawful for any one of the barons of the Exchequer, of
the degree of the coif, as well as for any one of the justices of one bench
or the other, and where any person shall be so confined in Ireland, it
shall and may be lawful for any one of the barons of the Exchequer, or of
the justices of one bench or the other in Ireland, and they are hereby
required, upon complaint made to them by or on the behalf of the person
so confined or restrained, if it shall appear by affidavit or affirmation (in
cases where by law an affirmation is allowed) that there is a probable and
reasonable ground for such complaint, to award in vacation time a writ of
habeas corpus ad subjiciendum, under the seal of such court, whereof
he or they shall then be judges or one of the judges, to be directed to the
person or persons in whose custody or power the party so confined or
restrained shall be, returnable immediately before the person so
awarding the same, or before any other judge of the court under the seal
of which the said writ issued.

2. Non-obedience to such writ to be a contempt of court, and
punishable accordingly-Judges to make writs of habeas corpus, issued
late in vacation, returnable in court in the next term-Courts to make
writs issued late in term returnable in vacation .. .... If the person or
persons to whom any writ of habeas corpus shall be directed according
to the provision of this Act, upon service of such writ, either by the
actual delivery thereof to him, her, or them, or by leaving the same at the
place where the party shall be confined or





restrained with any servant or agent of the person or persons so
confining or restraining, shall wilfully neglect or refuse to make a
return or pay obedience thereto, he, she, or they shall be deemed
guilty of a contempt of the court, under the seal whereof such writ
shall have issued; and it shall be lawful to and for the said justice or
baron, before whom such writ shall be returnable, upon proof made
by affidavit of wilful disobedience of the said writ, to issue a warrant
under his hand and seal for the apprehending and bringing before
him, or before some other justice or baron of the same court, the
person or persons so wilfully disobeying the said writ, in order to his,
her, or their being bound to the King's Majesty, with two sufficient
sureties, in such sum as in the warrant shall be expressed, with
condition to appear in the court of which the said justice or baron is
a judge, at a day in the ensuing term to be mentioned in the said
warrant, to answer the matter of contempt with which he, she, or
they are charged; and in case of neglect or refusal to become bound
as aforesaid, it shall be lawful for such justice or baron to commit
such person or persons so neglecting or refusing to the jail or prison
of the court of which such justice or baron shall be ajudge there to
remain until he, she, or they shall have become bound as aforesaid,
or shall be discharged by order of the court in term time. or by order
of one of the justices or barons of the court in vacation; and the
recognizance or recognizances to be taken thereupon shall be
returned and filed in the same court, and shall continue in force until
the matter of such contempt shall have been heard and determined,
unless sooner ordered by the court to be discharged: Provided, that
if such writ shall be awarded so late in the vacation by any one of the
said justices or barons, that, in his opinion, obedience thereto cannot
be conveniently paid during such vacation, the same shall and may,
at his discretion, be made returnable in the court of which the said
justice or baron shall be a justice or baron, at a day certain in the
next term; and the said court shall and may proceed thereupon, and
award process of contempt in case of disobedience thereto, in like
manner as upon disobedience to any writ originally awarded by the
said court: Provided also, that if such writ shall be awarded by the
Court of King's Bench, or the Court of Common Pleas, or Court of
Exchequer, in the said countries respectively, which last-mentioned
court shall have like power to award such writs as the respective
courts of King's Bench and Common Pleas in each of the said
countries now have, in term, but so late that, in the judgment of the
court, obedience thereto cannot be conveniently paid during such
term, the same shall and may, at the discretion of the said court, be
made returnable at a day certain in the then next vacation, before
any justice or baron of the degree of the coif, or if in Ireland, before
any justice or baron of the same ' court, who shall and may proceed
thereupon, in such manner as by this Act is directed concerning writs
issuing in and made returnable during the vacation.

3. The judge shall inquire into the truth of facts set forth in
return; and where it appears doubtful shall bail the person confined on
recognizance to appear in term, etc.- . . . . In all cases provided for





by this Act, although the return to any writ of habeas corpus shall be
good and sufficient in law, it shall be lawful for the justice or baron,
before whom such writ may be returnable, to proceed to examine into the
truth of the facts set forth in such return by affidavit or by affirmation (in
cases where an affirmation is allowed by law), and to do therein as to
justice shall appertain; and if such writ shall be returned before any one
of the said justices or barons, and it shall appear doubtful to him on
such examination, whether the material facts set forth in the said return
or any of them be true or not, in such case it shall and may be lawful for
the said justice or baron to let to bail the said person so confined or
restrained, upon his or her entering into a recognizance with one or more
sureties, or in case of infancy or coverture, or other disability, upon
security by recognizance, in a reasonable sum, to appear in the court of
which the said justice or baron shall be a justice or baron upon a day
certain in the term following, and so from day to day as the court shall
require, and to abide such order as the court shall make in and
concerning the premises; and such justice or baron shall transmit into
the same court the said writ and return, together with such recognizance
affidavits, and affirmations. and thereupon it shall be lawful for the said
court to proceed to examine into the truth of the facts set forth in the
return, in a summary way by affidavit or affirmation (in cases where by
law affirmation is allowed), and to order and determine touching the
discharging, bailing, or remanding the party.

4. The truth of the return may be controverted in that court.....
The like proceeding may be had in the court for controverting the truth
of the return to any such writ of habeas corpus awarded as aforesaid,
although such writ shall be awarded by the said court itself, or be
returnable therein.

5. Writ may run into counties palatine, cinque ports, and other
privileged places, etc .. .... A writ of habeas corpus, according to the
true intent and meaning of this Act, may be directed and run into any
county palatine or cinque port, or any other privileged place within that
part of Great Britain called England, dominion of Wales, and town of
Berwick-upon-Tweed, and the Isles of Jersey, Guernsey, and Man,
respectively; and also into any port, harbour, road, creek, or bay, upon
the coast of England or Wales, although the same should lie out of the
body of any county; and if such writ shall issue in Ireland, the same may
be directed and run into any port, harbour, road, creek, or bay, although
the same should not be in the body of any county; any law or usage to
the contrary in anywise notwithstanding.

6. Provisions of this Act to extend to all writs of habeas corpus in
cases within 31 Cha. 2 c. 2, and Irish Act, 21 & 22 Geo. 3 c. 11..... The
several provisions made in this Act, touching the making writs of
habeas corpus issuing in time of vacation returnable into the said
courts, or for making such writs awarded in term time returnable in
vacation, as the cases may respectively happen, and also for





making wilful disobedience thereto a contempt of the court, and for
issuing warrants to apprehend and bring before the said justices or
barons, or any of them, any person or persons wilfully disobeying any
such writ, and in case of neglect or refusal to become bound as
aforesaid, for committing the person or persons so neglecting or
refusing to jail as aforesaid, respecting the recognizances to be taken as
aforesaid, aiid the proceeding or proceedings thereon, shall extend to all
writs of habeas corpus awarded in pursuance of the said Act passed in
England in the thirty-first year of the reign of King Charles the Second,
or of the said Act passed in Ireland in the twenty-first and twenty-
second years of his present Majesty, and herein-before recited, in as
ample and beneficial a manner as if such writs and the said cases arising
thereon had been herein-before specially named and provided for
respectively.

THE DESERTED TENEMENTS ACT 1817

(57 Geo. 3 c. 52)

(Extractedfrom HaIsbury's Statutes-of England (2nd edition),
Vol. 6, p. 161]

An Act to alter an Act passed in the Eleventh Year of the Reign of King
George the Second for the more effectual securing the Payment of
Rents, and preventing Frauds by Tenants.

[27th June, 1817.]

Certain provisions of recited Act extended to the case of tenants in
arrear for one half year's rent instead of one year . . . . . . The
provisions, powers, and remedies by the said recited Act given to
lessors and landlords in case of any tenant deserting the demised
premises, and leaving the same uncultivated or unoccupied, so as no
sufficient distress can be had to countervail the arrears of rent, shall be
extended to the case of tenants holding any lands, tenements, or
hereditaments at a rack rent, or where the rent reserved shall be full three-
fourths of the yearly value of the demised premises, and who shall be in
arrear for one half year's rent (instead of for one year, as in the said
recited Act is provided and enacted), and who shall hold such lands and
tenements or hereditaments under any demise or agreement either
written or verbal and although no right or power of re-entry be reserved
or given to the landlord in case of nonpayment of rent, who shall be in
arrear for one half year's rent, instead of for one year, as in the said
recited Act is provided and enacted.





THE EXECUTORS ACT 1830

(11 Geo. 4 & 1 Will. 4 c. 40)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 9, p. 668]

An Act for making better Provision for the Disposal of the undisposed
of Residues of the Effects of Testators.

[16th July, 1830.1]

[1.] After 1st September 1830, executors deemed to be trustees
of residue undisposed of for persons entitled under the Statute of
Distributions, unless it appear by the will that the executors were
intended to take beneficially.-When any person shall die after the first
day of September next after the passing of this Act, having by his or her
will, or any codicil or codicils thereto, appointed any person or persons
to be his or her executor or executors, such executor or executors shall
be deemed by courts of equity to be a trustee or trustees for the person
or persons (if any) who would be entitled to the estate under the Statute
of Distributions, in respect of any residue not expressly disposed of,
unless it shall appear by the will, or any codicil thereto, the person or
persons so appointed executor or executors was or were intended to
take such residue beneficially.

2. Not to affect rights of executors where there is not any person
entitled to the residue under the Statute.-Provided also ..... that nothing
herein contained shall affect or prejudice any right to which any
executor, if this Act had not been passed, would have been entitled, in
cases where there is not any person who would be entitled to the
testator's estate under the Statute of Distributions in respect of any
residue not expressly disposed of.

THE ILLUSORY APPOINTMENTS ACT 1830

(11 Geo. 4 & 1 Will. 4 c. 46)

[Extracted from The Statutes Revised (2nd edition, 1891),
Vol. IV, p. 994]
CHAPTER XLVI

An Act to alter and amend the Law relating to Illusory Appointments.

[16th July, 1830]





[Preamble]

[1.] No appointment which from and after the passing of this Act
shall be made in exercise of any power or authority to appoint any
property, real or personal, amongst several objects, shall be invalid or
impeached in equity on the ground that an unsubstantial, illusory, or
nominal share only shall be thereby appointed to or left unappointed to
devolve upon any one or more of the objects of such power; but every
such appointment shall be valid and effectual in equity as well as at law,
notwithstanding that any one or more of the objects shall not
thereunder, or in default of such appointment, take more than an
unsubstantial, illusory, or nominal share of the property subjected to
such power.

2. Provided always, that nothing in this Act contained shall
prejudice or affect any provision, in any deed, will, or other instrument
creating any such power as aforesaid, which shall declare the amount of
the share or shares from which no object of the power shall be excluded.

3. Provided also, that nothing in this Act contained shall be
construed, deemed, or taken, at law or in equity, to give any other
validity, force, or effect, to any appointment, than such appointment
would have had if a substantial share of the property affected by the
power had been thereby appointed to or left unappointed to devolve
upon any object of such power.

THE CHARITIES PROCEDURE ACT 1832

(2 & 3 Will. 4 c. 57)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 2, p. 835]

An Act . for making certain Provisions respecting Estates or Funds belonging
to Charities.

[23rd June, 1832.]

3. Courts of Chancery or Exchequer may in certain cases appoint
new trustees, and direct conveyances of charity estates to the trustees
thereof in certain cases .. .... Where the person, or all the persons, if
more than one, in whom any lands, hereditaments, rent-charge, or other
real property may have been vested in trust for any charity or charitable
or public purpose, shall be dead, it shall be lawful for the said Court of
Chancery or the said Court of Exchequer, on the petition of his
Majesty's attorney general, or of the persons or body administering
such charity or superintending





such public purpose, or of any person on behalf thereof, to direct any
master or other officer of the said courts respectively to cause two
successive advertisements to be inserted in the London Gazette, and in
one or more of the newspapers circulated in the county, city, or place
where such land, hereditaments, or real property, or the lands or
hereditaments out of which such rent-charge is issuing, shall be
situated, giving notice that the representative or representatives of the
person of the last survivor of the persons in whom any land,
hereditaments, rent-charge, or other real property may have been vested
in trust as aforesaid, do within twenty-eight days appear or give notice
of his or their title to such master or other officer, and prove his or their
pedigree or other title as trustees; and if no person shall appear to give
such notice within such twenty-eight days, or the person or persons
who may appear or give such notice shall not within thirty-one days
after such appearance or notice prove his or their title to the satisfaction
of such master or other officer, then and in such case it shall be lawful
for the said courts respectively to appoint any new trustees for such
charity or charitable or public purpose, in case no trustees for such
charity or purpose duly appointed shall then be existing; and such land,
hereditaments, rent-charge or other real property may be conveyed to
such new trustees when so appointed by the said courts respectively,
or to the existing trustees previously duly appointed, as the case may
be, by any person whom the said courts respectively may direct for that
purpose by virtue of the, provisions in this Act, without the necessity
of any decree.

THE PRESCRIPTION ACT 1832

(2 & 3 Will. 4 c. 71)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 6, p. 669]

An Actfor shortening the Time of Prescription in certain cases.

[1st August, 1832.1]

Whereas the expression 'time immemorial, or time whereof the
memory of man runneth not to the contrary,' is now by the Law of
England in many cases considered to include and denote the whole
period of time from the reign of King Richard the First, whereby the title
to matters that have been long enjoyed is sometimes defeated by
shewing the commencement of such enjoyment, which is in many cases
productive of inconvenience and injustice.

[1.] Claims to right of common and other profits a prendre (except
tithes, etc.), not to be defeated after thirty years enjoyment by





merely showing the commencement of the right-After sixty years
enjoyment the right to he absolute, unless shown to he had by consent
or agreement.-No claim which may be lawfully made at the common law,
by custom, prescription, or grant, to any right of common or other profit
or benefit to be taken and enjoyed from or upon any land of our
sovereign lord the King, or any land being parcel of the duchy of
Lancaster or of the duchy of Cornwall, or of any ecclesiastical or lay
person, or body corporate, except such matters and things as are herein
specially provided for, and except tithes, rent. and services, shall, where
such right, profit, or benefit shall have been actually taken and enjoyed
by any person claiming right thereto without interruption for the full
period of thirty years, be defeated or destroyed by showing only that
such right, profit, or benefit was first taken or enjoyed at any time prior
to such period of thirty years, but nevertheless such claim may be
defeated in any other way by which the same is now liable to be
defeated; and when such right, profit, or benefit shall have been so
taken and enjoyed as aforesaid for the full period of sixty years, the right
thereto shall be deemed absolute and indefeasible, unless it shall appear
that the same was taken and enjoyed by some consent or agreement
expressly made or given for that purpose by deed or writing.

2. In claims of rights of way or other easements the periods to be
twenty years and forty years .. .... No claim which may be lawfully made
at the common law, by custom, prescription, or grant, to any way or
other easement, or to any watercourse, or the use of any water, to be
enjoyed or derived upon, over, or from any land or water of our said lord
the King, or being parcel of the duchy of Lancaster or of the duchy of
Cornwall, or being the property of any ecclesiastical or lay person, or
body corporate, when such way or other matter as herein last before
mentioned shall have been actually enjoyed by any person claiming
right thereto without interruption for the full period of twenty years,
shall be defeated or destroyed by showing only that such way or other
matter was first enjoyed at any time prior to such period of twenty years,
but nevertheless such claim may be defeated in any other way by which
the same is now liable to be defeated; and where such way or other
matter as herein last before mentioned shall have been so enjoyed as
aforesaid for the full period of forty years, the right thereto shall be
deemed absolute and indefeasible, unless it shall appear that the same
was enjoyed by some consent or agreement expressly given or made for
that purpose by deed or writing.

3. Right to the use of light enjoyed for twenty years, indefeasible,
unless shown to have been by consent.-. . . . When the access and use of
light to and for any dwelling house, workshop, or other building shall
have been actually enjoyed therewith for the full period of twenty years
without interruption, the right thereto shall be deemed absolute and
indefeasible, any local usage or custom to the contrary notwithstanding,
unless it shall appear that the same was enjoyed by some consent or
agreement expressly made or given for that purpose by deed or writing.





4. The periods to be those next before the suit or action-What
shall constitute an interruption.- . . . . Each of the respective periods of
years herein-before mentioned shall be deemed and taken to be the
period next before some suit or action wherein the claim or matter to
which such period may relate shall have been or shall be brought into
question; and . . . . no act or other matter shall be deemed to be an
interruption, within the meaning of this statute, unless the same shall
have been or shall be submitted to or acquiesced in for one year after
the party interrupted shall have had or shall have notice thereof, and of
the person making or authorizing the same to be made.

5. What claimant may allege .. .... In all actions upon the case and
other pleadings, wherein the party claiming may now by law allege his
right generally, without averring the existence of such right from time
immemorial, such general allegation shall still be deemed sufficient, and
if the same shall be denied, all and every the matters in this Act
mentioned and provided, which shall be applicable to the case, shall be
admissible in evidence to sustain or rebut such allegation; and .... in all
pleadings to actions of trepass, and in all other pleadings wherein
before the passing of this Act it would have been necessary to allege
the right to have existed from time immemorial, it shall be sufficient to
allege the enjoyment thereof as of right by the occupiers of the
tenement in respect whereof the same is claimed for and during such of
the periods mentioned in this Act as may be applicable to the case, and
without claiming in the name or right of the owner of the fee, as is now
usually done; and if the other party shall intend to rely on any proviso,
exception, incapacity, disability, contract, agreement, or other matter
hereinbefore mentioned, or on any cause or matter of fact or of law not
inconsistent with the simple fact of enjoyment, the same shall be
specially alleged and set forth in answer to the allegation of the party
claiming, and shall not be received in evidence on any general traverse
or denial of such allegation.

6. No presumption to be allowed.-. . . . In the several cases
mentioned in and provided for by this Act, no presumption shall be
allowed or made in favour or support of any claim, upon proof of the
exercise or enjoyment of the right or matter claimed for any less period
of time or number of years than for such period or number mentioned in
this Act as may be applicable to the case and to the nature of the claim.

7. Proviso where any person capable of resisting a claim is an
infant, etc.-Provided also, that the time during which any person
otherwise capable of resisting any claim to any of the matters before
mentioned shall have been or shall be an infant, idiot, non compos
mentis, feme covert, or tenant for life, or during which any action or suit
shall have been pending, and which shall have been diligently
prosecuted, until abated by the death of any party or parties thereto,
shall be excluded in the computation of the periods herein-before
mentioned, except only in cases where the right or claim is hereby
declared to be absolute and indefeasible.





8. Time to be excluded in certain cases in computing the term of
forty years appointed by this Act.-Provided always ... that when
any land or water upon, over or from which any such way or other
convenient watercourse or use of water shall have been or shall be
enjoyed or derived hath been or shall be held under or by virtue of
any term of life, or any term of years exceeding three years from the
granting thereof, the time of the enjoyment of any such way or other
matter as herein last before mentioned, during the continuance of
such term, shall be excluded in the computation of the said period of
forty years, in case the claim shall within three years next after the
end or sooner determination of such term be resisted by any person
entitled to any reversion expectant on the determination thereof.

THE ANATOMY ACT 1832

(2 & 3 Will. 4 c. 75)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 15, p. 671]
An Actfor regulating Schools of Anatomy.

[1st August, 1832.]

2. Inspectors of schools of anatomy to be appointed.-.... It
shall be lawful for his Majesty's said principal secretary of state or
chief secretary, as the case may be, . . . . to appoint respectively not
fewer than three persons to be inspectors of places where anatomy is
carried on, and at any time after such first appointment to appoint,
if they shall see fit, one or more other person or persons to be an
inspector or inspectors as aforesaid; and every such inspector shall
continue in office for one year, or until. he be removed by the said
secretary of state or chief secretary, as the case may be, or until some
other person shall be appointed in his place; and as often as any
inspector appointed as aforesaid shall die, or shall be removed from
his said office, or shall refuse or become unable to act, it shall be
lawful for the said secretary of state or chief secretary, as the case
may be, to appoint another person to be inspector in his room.

3. Inspectors to have districts appointed, and their duties to he
regulated .. .... If shall be lawful for the said secretary of state or
chief secretary, as the case may be, to direct what district of town or
country, or of both, and what places where anatomy is carried on,
situate within such district, every such inspector shall be appointed
to superintend, and in what manner every such inspector shall
transact the duties of his office.





4. Inspectors to make quarterly returns of subjects removed for
anatomical examination-. . . . Every inspector to be appointed by virtue
of this Act shall make a quarterly return to the said secretary of state or
chief secretary, as the case may be, of every deceased person's body
that during the preceding quarter has been removed for anatomical
examination to every separate place in his district where anatomy is
carried on, distinguishing the sex, and, as far as is known at the time, the
name and age of each person whose body was so removed as aforesaid.

5. Inspectors to inspect places where anatomy is practised..... It
shall be lawful for every such inspector to visit and inspect at any time
any place within his district, notice of which place has been given, as is
herein-after directed, that it is intended there to practise anatomy.

6. Salaries to inspectors .. .... It shall be lawful for his Majesty to
grant to every such inspector such an annual salary not exceeding one
hundred pounds for his trouble, and to allow such a sum of money for
the expenses of his office as may appear reasonable, such salaries and
allowances to be charged on the consolidated fund of the United
Kingdom, and to be payable quarterly; and .... an annual return of all
such salaries and allowances shall be made to Parliament.

7. Persons having lawful custody of bodies may permit them to
undergo anatomical examination in certain cases.-. . . . It shall be lawful
for any executor or other party having lawful possession of the body of
any deceased person, and not being an undertaker or other party
intrusted with the body for the purpose only of interment, to permit the
body of such deceased person to undergo anatomical examination,
unless, to the knowledge of such executor or other party, such person
shall have expressed his desire, either in writing at any time during his
life, or verbally in the presence of two or more witnesses during the
illness whereof he died, that his body after death might not undergo
such examination, or unless the surviving husband or wife, or any
known relative of the deceased person, shall require the body to be
interred without such examination.

8. Provision in case of persons directing anatomical examinations
after their death.-.... If any person, either in writing atany time during his
life, or verbally in the presence of two or more witnesses during the
illness whereof he died, shall direct that his body after death be
examined anatomically, or shall nominate any party by this Act
authorized to examine bodies anatomically to make such examination,
and if, before the burial of the body of such person, such direction or
nomination shall be made known to the party having lawful possession
of the dead body, then such lastmentioned party shall direct such
examination to be made, and in case. of any such nomination as
aforesaid, shall request and permit





any party so authorized and nominated as aforesaid to make such
examination, unless the deceased person's surviving husband or wife, or
nearest known relative, or any one or more of such person's nearest
known relatives, being of kin in the same degree shall require the body
to be interred without such examination.

9. Body not to be removed from the place of death for fortyeight
hours, nor without notice to district inspector, or to some surgeon, nor
without a certificate of cause of death.-Provided always, . . . . that in no
case shall the body of any person be removed for anatomical
examination from any place where such person may have died until after
forty-eight hours from the time of such person's decease, nor until after
twenty-four hours notice, to be reckoned from the time of such decease,
to the inspector of the district, of the intended removal of the body, or if
no such inspector have been appointed, to some physician, surgeon, or
apothecary residing at or near the place of death, nor unless a certificate
stating in what manner such person came be his death shall previously
to the removal of the body have been signed by the physician, surgeon,
or apothecary who attended such person during the illness whereof he
died, or if no such medical man attended such person during such
illness, then by some physician, surgeon, or apothecary who shall be
called in after the death of such person to view his body, and who shall
state the manner or cause of death according to the best of his
knowledge and belief, but who shall not be concerned in examining the
body after removal; and that in case of such removal such certificate
shall be delivered, together with the body, to the party receiving the
same for anatomical examination.

10. Licensed professors, surgeons, and others may receive bodies
for anatomical examination.- . . . . It shall be lawful for any member or
fellow of any college of physicians or surgeons, or any graduate or
licentiate in medicine, or any person lawfully qualified to practise
medicine in any part of the United Kingdom, or any professor, teacher,
or student of anatomy, medicine, or surgery, having a licence from his
Majesty's principal secretary of state or chief secretary as aforesaid, to
receive or possess for anatomical examination, or to examine
anatomically, the body of any person deceased, if permitted or directed
so to do by a party who had at the time of giving such permission or
direction lawful possession of the body, and who had power, in
pursuance of the provisions of this Act, to permit or cause the body to
be so examined, and provided such certificate as aforesaid were
delivered by such party together with the body.

11. Such persons to receive with the body a 'rtificate as aforesaid,
which shall be transmitted with a return to the inspectorParticulars to
be entered in a book.-. . . . Every party so receiving a body for
anatomical examination after removal shall demand and receive, together
with the body, a certificate as aforesaid, and shall, within twenty-four
hours next after such removal, transmit to the inspector of the district
such certificate, and also a return stating at





what day and hour and from whom the body was received, the date and
place of death, the sex, and (as far as is known at the time) the christian
and surname, age, and last place of abode of such person, or, if no such
inspector have been appointed, to some physician, surgeon, or
apothecary residing at or near the place to which the body is removed,
and shall enter or cause to be entered the aforesaid particulars relating
thereto, and a copy of the certificate he received therewith, in a book to
be kept by him for that purpose, and shall produce such book whenever
required so to do by any inspector so appointed as aforesaid.

12. Notice to be given of places where anatomy is about to be
practised.-. . . . It shall not be lawful for any party to carry on or teach
anatomy at any place, or at any place to receive or possess for
anatomical examination, or examine anatomically, any deceased person's
body after removal of the same, unless such party, or the owner or
occupier of such place, or some party by this Act authorized to examine
bodies anatomically, shall, at least one week before the first receipt or
possession of a body for such purpose at such place, have given notice
to the said secretary of state or chief secretary, as the case may be, of
the place where it is intended to practise anatomy.

13. How bodies are to he removed for examination-Provision for
interment.-Provided always, . . . . that every such body so removed as
aforesaid for the purpose of examination shall, before such removal, be
placed in a decent coffin, or shell, and be removed therein; and that the
party removing the same or causing the same to be removed as
aforesaid, shall make provision that such body, after undergoing
anatomical examination, be decently interred in consecrated ground, or
in some public burial ground in use for persons of that religious
persuasion to which the person whose body was so removed belonged;
and that a certificate of the interment of such body shall be transmitted
to the inspector of the district within six weeks after the day on which
such body was received as aforesaid.

14. Licensed persons not to be liable to punishment for having in
their posse possession human bodies.-. . . . No member or fellow of any
college of physicians or surgeons, nor any graduate or licentiate in
medicine, nor any person lawfully qualified to practise medicine in any
part of the United Kingdom, nor any professor, teacher, or student of
anatomy, medicine, or surgery, having a licence from his Majesty's
principal secretary of state or chief secretary as aforesaid, shall be liable
to any prosecution, penalty. forfeiture, or punishment for receiving or
having in his possession for anatomical examination, or for examining
anatomically, any dead human body, according to the provisions of this
Act.

15. Act not to prohibit post-mortem examination directed by
authority .. .... Nothing in this Act contained shall be construed to
extend to or to prohibit any post-mortem examination of any





human body required or directed to be made by any competent legal
authority.

18. Punishment for offences against this Act.- Any
person offending against the provisions of this Act in England or
Ireland shall be deemed and taken to be guilty of a misdemeanor,
and being duly convicted thereof shall be punished by imprisonment
for a term not exceeding three months, or by a fine not exceeding
fifty pounds, at the discretion of the court before which he shall be
tried; and any person offending against the provisions of this Act in
Scotland shall, upon being duly convicted of such offence, be
punished by imprisonment for a term not exceeding three months, or
by a fine not exceeding fifty pounds, at the discretion of the court
before which he shall be tried.

..........19. Interpretation of certain words in this Act.- In this
Act ...................................the words 'person and party' shall be respectively deemed
to include any number of persons, or any society, whether by charter
or otherwise; and .... the meaning of the aforesaid words shall not
be restricted although the same may be subsequently referred to in
the singular number and masculine gender only.

THE INHERITANCE ACT 1833

(3 & 4 Will. 4 c. 106)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 9, p. 682]

An Actfor the Amendment of the Law of Inheritance.

[29th August, 1833.]

[1.] Meaning of words in the Act.-The words and expressions
herein-after 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 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 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 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.

2. Descent shall always be traced from the purchaser, but the last
owner shall be considered to be the purchaser, unless the contrary be
proved .. .... 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.

3. Heir entitled under a will shall take as devisee, and a limitation
to the grantor or his heirs shall create an estate by purchase.- ....
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 heir or to the person who shall be the heir of such
testator, such heir shall be considered to have acquired the land as a
devisee, and not by descent; and when any land shall have been limited,
by any assurance executed after the said thirty-first day of December
one thousand eight hundred and thirty-three, to the person or 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.





4. Where heirs take by purchase under limitations to the heirs
of their ancestor, the land shall descend as if the ancestor had been the
purchaser.-. . . . 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.
5. Brothers, etc., shall trace descent through their parent.-
.... No brother or sister shall be considered to inherit immediately
from his or her brother or sister, but every descent from a brother or
sister shall be traced through the parent.
6. Lineal ancestor shall be heir in preference to collateral
persons claiming through him.-. . . . 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.
7. The male line to be preferred . . . . . . None of the
maternal ancestors of the person from whom the descent is to be
traced, nor any of their descendants, shall be capable of inheriting
until all his paternal ancestors and their descendants shall have
failed; and also 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 no
female maternal ancestor of such person, nor any of her descend-
ants, shall be capable of inheriting until all his male maternal
ancestors and their descendants shall have failed.
8. The mother of more remote male ancestor to be preferred to
the mother of the less remote mate ancestor . . . . . . Where there
shall be a failure of male paternal ancestors of the person from
whom the descent is to be traced, and their descendants, the mother
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
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.





9. Half blood, if on the part of a male ancestor, to inherit after the
whole blood of the same degree; if on the part of a female ancestor, after
her .. .... 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 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.

THE APPORTIONMENT ACT 1834

(4 & 5 Will. 4 c. 22)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 13, p. 852]

An Act to amend an Act of the Eleventh Year of King George the
Second, respecting the Apportionment of Rents, Annuities, and
other periodical Payments.

[16th June, 1834.]

Whereas by an Act passed in the eleventh year of the reign of his
Majesty King George the Second, intituled 'An Act for the 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 determination 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 require remedy

[1.] Rents reserved on leases determining on the death of the
person making them (though not strictly tenant for life), etc., shall be
considered as within the provisions of recited Act.-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 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.

2. All rents, annuities, and other payments coming due at fixed
periods shall be apportioned.-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 Britian 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, and other payments being made; and 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; 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.

3. Act not to apply where the contrary is stipulated, nor to annual
sums payable on policies of assurance-Provided always, 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.

THE INFANT FELONS ACT 1840

(3 & 4 Vict. c. 90)

[Extracted from Halsbury's Statutes of England (2nd edition),
Vol. 12, p. 937]

An Act for the Care and Education of Infants who may be convicted of
Felony.

[10th August, 1840.]

[1.] Court of Chancery may assign the care of any infant
convicted of felony to any person other than the father or testamentary
or natural guardian.-In every case in which any person being under the
age of twenty-one years shall hereafter be convicted of felony, it shall
be lawful for her Majesty's High Court of Chancery upon the application
of any person or persons who may be willing to take charge of such
infant, and to provide for his or her maintenance and education, if such
court shall find that the same will be for the benefit of such infant, due
regard being had to the age of the infant, and to the circumstances,
habits, and character of the parents, testamentary or natural guardian, of
such infant, to assign the care and custody of such infant, during his or
her minority, or any part thereof, to such





person or persons, upon such terms and conditions, and subject to
such regulations respecting the maintenance, education, and care of
such infant, as the said Court of Chancery shall think proper to
prescribe and direct; and upon any order for that purpose being made,
and so long as the same shall remain in force, the same shall be binding
and obligatory upon the father, and upon every testamentary or natural
guardian of such infant, and no person or persons shall be entitled to
use or exercise any power or control over such infant which may be
inconsistent with such order of the said Court of Chancery: Provided
always, that the said court may at any time rescind such assignment, or
from time to time rescind, alter, or vary any such terms or conditions, or
such regulations, as to the said court may seem fit; and provided also,
that the said High Court of Chancery shall and may award such costs as
to it may seem fit, against any such person or persons who shall make
such application as aforesaid, if such application shall not appear to the
said court well founded; and such costs shall be payable to any parent
or other natural or testamentary guardian of any such child who shall
oppose such application.

2. Infant not to be sent beyond the seas, etc.- In every case it shall
be a part of the terms and conditions upon which such care and custody
shall be assigned, that the infant shall not, during the period of such
care and custody, be sent beyond the seas or out of the jurisdiction of
the said Court of Chancery.

3. No fee to be taken by officer of court-Counsel, etc., may be
assigned by judge.-No fee, reward, emolument, or gratuity whatsoever
shall be demanded, taken, or received by any officer or minister of the
said Court of Chancery for any matter or thing done in the said court in
pursuance of this Act; and upon the making or opposing of any such
application it shall be lawful for any judge of the said court to assign
counsel learned in the law and to appoint a clerk or practitioner of the
said court to advise and carry on or to oppose such application, who are
hereby required to do their duties therein without fee or reward.

4. This Act not to interfere with execution of the sentence. -
Provided always, that nothing in this Act contained shall affect or in
any manner interfere with the execution of the sentence which may have
been passed upon such infant upon his or her conviction.
Rot. Parl. 10 Gul. 3 p. 4 n. 7. Reasons for passing this Act. Preamble. Persons holding over lands, &c. after expiration of leases, to pay double the yearly value. Method of recovering seck rents, & c. Chief leases may be renewed without surrendering all the under-leases. Attornments of estates by tenants, void. Exceptions. Preamble. The old supputation of the year not to be made use of after Dec. 1751. Year to commence for the future on 1 Jan. The days to be numbered in the same order and the moveable feasts to be ascertained as they now are until 2 Sept. 1752 inclusive, and the day following to be accounted 14 Sept., omitting for that time the intermediate 11 nominal days. All writings. After 1 Jan. 1752, to be dated according to the new style. Hilary and Michaelmas terms, and all courts to be held on the dame nominal days and times they now are, after the said 2 Sept. Courts held within fairs or marts excepted. Hundredth years, except every fourth hundred to be deemed common years consisting of 365 days. Years which are to be accounted bissextile or leap years consisting of 366 days. Easter and the other moveable feasts not to be observed after the said 2 September according to the table now prefixed to the Book of Common Prayer; and the said table and the column of golden numbers to be left out in all future editions of that book, and the new calendar, tables, and rules to be prefixed in the room thereof. The feasts and fasts, & c. of the Church to be observed after the said 2 September according to the new calendar. The natural days and times of payment of rents, annuities, sums of money, or interest. Or of the delivery of goods, commencement or expiration of leases, & c. or of attaining the age of 21 years, & c., not altered by this Act. No appointment in exercise of a power shall be impeached in equity as illusory by reason of giving only a nominal share to any object of the power. Not to affect any deed which declares the amount of the shares to be appointed; nor to give any other force to any appointment than the same would have had if a substantial share had been appointed or left to devolve as unappointed.

Rot. Parl. 10 Gul. 3 p. 4 n. 7. Reasons for passing this Act. Preamble. Persons holding over lands, &c. after expiration of leases, to pay double the yearly value. Method of recovering seck rents, & c. Chief leases may be renewed without surrendering all the under-leases. Attornments of estates by tenants, void. Exceptions. Preamble. The old supputation of the year not to be made use of after Dec. 1751. Year to commence for the future on 1 Jan. The days to be numbered in the same order and the moveable feasts to be ascertained as they now are until 2 Sept. 1752 inclusive, and the day following to be accounted 14 Sept., omitting for that time the intermediate 11 nominal days. All writings. After 1 Jan. 1752, to be dated according to the new style. Hilary and Michaelmas terms, and all courts to be held on the dame nominal days and times they now are, after the said 2 Sept. Courts held within fairs or marts excepted. Hundredth years, except every fourth hundred to be deemed common years consisting of 365 days. Years which are to be accounted bissextile or leap years consisting of 366 days. Easter and the other moveable feasts not to be observed after the said 2 September according to the table now prefixed to the Book of Common Prayer; and the said table and the column of golden numbers to be left out in all future editions of that book, and the new calendar, tables, and rules to be prefixed in the room thereof. The feasts and fasts, & c. of the Church to be observed after the said 2 September according to the new calendar. The natural days and times of payment of rents, annuities, sums of money, or interest. Or of the delivery of goods, commencement or expiration of leases, & c. or of attaining the age of 21 years, & c., not altered by this Act. No appointment in exercise of a power shall be impeached in equity as illusory by reason of giving only a nominal share to any object of the power. Not to affect any deed which declares the amount of the shares to be appointed; nor to give any other force to any appointment than the same would have had if a substantial share had been appointed or left to devolve as unappointed.

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