No. IV.

5 & 6 W. 4, c. 71.

such enrolment, decree, report, record, or other document; and that any such extract, or any copy, which shall be required for the purposes of this act by any order signed by one of the said commissioners, of any such enrolment, decree, report, record, or other document, shall not be subject or liable to the payment of any stamp duty whatever, any law, on extracts or statute, or usage to the contrary in anywise notwithstanding. copies required by a commissioner.

No stamp duty

Act not to ex

sities, public schools, &c.;

XVI. That this act or any of the provisions therein contained shali tend to univer- not extend or be construed to extend to either of the universities of Oxford or Cambridge, nor to any college or hall within the same, nor to any schools or other endowments of which the said universities, colleges, or halls are trustees, nor to the colleges of Westminster, Eton, or Winchester, nor to the Charter House, nor to the schools of Harrow or Rugby, or any of them, nor to the corporation of the Trinity House of Deptford Strond, nor to any cathedral or collegiate church within England or Wales, nor to any funds applicable to the benefit of any persons of the Jewish persuasion, or the people called quakers, or persons of the Roman catholic persuasion, and which shall be under the superintendence and control of persons of such persuasions respectively. XVII. Provided also, That this act or any of the provisions therein contained shall not extend or be construed to extend to any institution established, or society, for charitable purposes, wholly or principally maintained by voluntary contributions, and under the superintendence and control of any committee or governors or other person or persons chosen or appointed out of or by voluntary subscribers thereto; and that the application of any donation or bequest to the general purposes of any such institution, establishment, or society, in aid of such voluntary contributions, shall not be subject to the examination or interference of the commissioners appointed under this act: Provided always, that the management and application of the rents and profits of any lands, and application tenements, or hereditaments belonging to such institution, establishment, or society for the period of twenty years or upwards before the twenty years. passing of this act, shall in all such cases be subject to the exami

nor to charities chiefly supported by vo luntary contributions;

except as to management

of rents for

been duly certified by commissioners.

nation of the said commissioners at their discretion..

Attorney-gene- XVIII. That in all cases of proceedings instituted or to be instituted ral's certificate by his Majesty's attorney general in pursuance of the said recited act of to be evidence the fifty-ninth year of the reign of his late Majesty king George the of particulars third herein-before secondly mentioned, or of the said recited act of the of cases having second year of the reign of his present Majesty, or of this act, the production to the court of a certificate under the hand of his Majesty's attorney general, stating that the particulars of the case in question in writing have been certified to his Majesty's attorney general for the time being, according to the provisions of the said recited acts of the fifty-ninth year of his said late Majesty or of the second year of his present Majesty, or of this act, as the case may be, shall be deemed sufficient evidence that such particulars have been duly certified to his Majesty's attorney general accordingly, to and for all intents and purposes what

Chief commis

soever.

sioner to superXIX. That in all cases of proceedings intistuted, or to be instituted intend proby his Majesty's attorney general in pursuance of the before-recited acts, ceedings insti- it shall and may be lawful for the said chief commissioner and he is hereby tuted by attor- directed to superintend all such proceedings, with a view to their prompt ney general. and effectual termination.

For

empower

XX. That whenever it shall appear to the said commissioners to ing resident be appointed under the authority of this act that the property belonging ministers and to any charity consists only of one or more annuity or rent-charge, churchwardens annuities or rent-charges, not exeeding in the whole the yearly sum of to receive rent- fifty pounds, and that there are no existing trustees or persons legally charges belong- qualified to receive and give an effectual discharge for such annuity or ing to charities, rent-charge, annuities or rent-charges, it shall and may be lawful for where no exist- any five of the said commissioners by writing under their hands, to ing trustees. empower the resident minister and the churchwardens or chapelwardens

No. IV.

c. 71.

for the time being of the parish or place interested in such charity, in case only one parish or place is so interested, but if more than one 5 & 6 W. 4, parish or place is so interested, then the resident minister and the churchwardens or chapelwardens of some one of the parishes or places interested, to receive the said annuity or rent-charge, annuities or rentcharges, or any arrears thereof, and to apply the same according to the purposes of the charitable donations or bequests thereof, in the same manner as the trustees of the said charity would have been bound to do; and the power so to be given to such minister and churchwardens or chapelwardens shall remain in force until trustees of the said charity duly appointed shall appear and claim the administration of the funds thereof, or until trustees of the said charity shall be appointed by the court of chancery or court of exchequer; and all receipts to be given by such minister and churchwardens or chapelwardens shall be effectual discharges to the persons liable to the payment of such annuities or rent-charges for all such sums as in such receipts shall be expressed to have been received in respect thereof; and in case of non-payment of such annuities or rent-charges, or any arrears thereof, it shall and may be lawful for such minister and churchwardens or chapelwardens respectively, during the continuance of the power to be given to them by virtue of the provisions of this act, to use and exercise all such powers and remedies for recovering and compelling payment of the said annuities or rent-charges and the arrears thereof as the trustees of the said charities respectively might or could have done if duly appointed.

XXI. That any action or suit which shall be brought against any Limitation of commissioner or commissioners to be appointed under the authority of actions. this act, or against any person or persons acting under the authority or by the order of such commissioners, or any one or more of them, for any thing done or acted by him or them under this act, shall be commenced within six calendar months next after the fact committed in respect of which such action or suit shall be brought or commenced,

and not afterwards; and the defendant or defendants in every such General issue. action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time so limited for bringing the same, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a Treble costs. verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiff's, the defendant or defendants shall have treble costs, which he or they shall and may recover in such and the same manner as any defendant can by law in other cases.

XXII. Provided always, That previously to presenting any report the Previously to said commissioners shall give directions, in all cases in which they shall presenting rethink it fit, to the attorney general to file informations in the courts of ports, commischancery or exchequer on the matter arising out of such reports, and sioners may direct attorney shall not, nor shall any of the clerks or secretaries under this act, give general to file any information touching any such matters to any person other than the informations. attorney general or the persons employed by the said commissioners previous to the directions so by the said commissioners given to the attorney general.

XXIII. That this act shall continue in force until the first day of Continuance of March, one thousand eight hundred and thirty-seven.

act.

L

PART II.

CLASS VI.

ACTS FOR CONVEYANCES BY INFANTS, LUNATICS, &c.

[In the provisions of the 1 W. 4, c. 60, with respect to infants, femes covert, and lunatics, who are trustees or mortgagees. See ante, Part II., Class I.]

[No. I.] 1 W. IV. c. 65.-An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of unsound Mind. [23rd July 1830.] WHEREAS, &c., [Recites the titles of the 9 G. 1, c. 29. 29 G. 2, c. 31. 11 G. 3, c. 20. 11 Anne (I.) c. 3. 43 G 3, c. 75. 47 G. 3, c. 8, s. 2. 59 G. 3, c. 80. 6 G. 4, c. 74. 9 G. 4, c. 78.] And whereas it is expedient the provisions of the said acts should be consolidated and amended; be Recited acts of it therefore enacted, &c. That the said recited acts of the eleventh year 11 Anne, 9 G. of the reign of queen Anne, the ninth year of the reign of king George 1. 29 G. 2. 11, the first, the twenty-ninth year of the reign of king George the second, 43, 47, and 59 the eleventh, forty-third, forty-seventh, and fifty-ninth years of the reign of king George the third, and the ninth year of the reign of his late Majesty king George the fourth, and also the said recited act of the sixth year of the reign of his present Majesty, so far as the said lastmentioned act relates to stocks, funds, annuities, and securities belonging infants, &c. re- beneficially to persons being infants, idiots, lunatics, or of unsound pealed.

G. 3. 9 G. 4.

and so much of 6 G. 4, as relates to funds

belonging to

Rules for the interpretation

of this act.

mind shall be and the same are hereby repealed (except as to such proceedings under the same as shall have been commenced before the passing of this act, and which may be proceeded in according to the provisions of the said recited acts respectively, or according to the provisions of this act, as shall be thought expedient): Provided always, That the several acts repealed by the said last-recited act shall not be revived.

II. And inasmuch as, in order to avoid unnecessary repetition, certain words are used in this act as describing subjects some of which, according to their usual sense, such words would not embrace: for the understanding of the sense attached to them in this act, be it further enacted, That the provisions of this act shall extend and be understood to extend to and include the several other estates, persons, matters, and things herein-after mentioned; (that is to say,) those relating to land, to any manor, messuage, tenement, hereditament, or real property of whatsoever tenure, and to property of every description transferrable otherwise than in books kept by any company or society, or any share thereof or charge thereon, or estate or interest therein; those relating to stock, to any fund, annuity, or security transferrable in books kept by any company or society, or to any money payable for the discharge or redemption thereof, or any share or interest therein; those relating to dividends, to interest or other annual produce; those relating to the bank of England, to the East India company, South Sea company, or any other company or society established or to be established; those relating to a conveyance, to any release, surrender, assignment, or other assurance, including all acts, deeds, and things necessary for making

No. I.

and perfecting the same; those relating to a transfer, to any assignment, payment, or other disposition; and those relating to a lunatic, to 1 W. 4, c. 65. any idiot or person of unsound mind or incapable of managing his affairs; unless there be something in the subject or context repugnant to such construction; and whenever this act, in describing or referring to any person, or any land, stock, conveyance, lease, recovery, matter, or thing, uses the word importing the singular number or the masculine gender only, the same shall be understood to include and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, and several lands, stocks, conveyances, leases, recoveries, matters, or things, as well as one land, stock, conveyance lease, recovery, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction.

III. That from and after the passing of this act, where any person Infants, femes being under the age of twenty-one years, or being a feme covert or covert, and lulunatic, is or shall be entitled by descent, or surrender to the use of a

natics admitted to

may be

last will, or otherwise, to be admitted tenant of any copyhold lands, copyhold es

such person, in his or her own proper person, or being a feme covert by tates by their her attorney, or being an infant by his guardian or attorney, as the case guardian, commay require, or being a lunatic by the committee of his estate, shall mittee, or atcome to and appear at one of the three next courts which shall be kept torney. (for the keeping whereof the usual notice shall be given) for the manor whereof such land shall be parcel, and shall there offer himself or herself to the lord or his steward to be admitted tenant to the said land; to make which appearance and to take which admittance in behalf of such infant or lunatic or feme covert, such guardian, committee, or attorney shall be and is hereby respectively authorized and required.

IV. That it shall be lawful for any feme covert, and for any infant Femes covert, who shall have no guardian, and she and he is hereby empowered, by infants, &c. writing under her or his hand and seal respectively, to appoint an may appoint atattorney or attornies on her or his behalf, for the purpose of appearing and taking such admittance as aforesaid.

tornies for that purpose.

V. That in default of such appearance of any infant, feme covert, or In default of lunatic, in his or her own person, or by his or her guardian, committee, appearance, or attorney in that behalf, and of acceptance of such admittance as the lord may aforesaid, it shall be lawful for the lord of every such manor, or his appoint an atsteward, after such three several courts have been duly holden for such torney. manor, and proclamations in such several courts been regularly made, to appoint, at any subsequent court to be holden for such manor, any fit person to be attorney for every such infant, feme covert, or lunatic, for that purpose only, and by such attorney to admit every such infant, feme covert, or lunatic to the said land, according to such estate as such infant, feme covert, or lunatic shall be legally entitled to therein, and upon every such admittance to impose and set such fine as might have been legally imposed and set if such infant had been of full age, or if such feme covert had been sole and unmarried, and if such lunatic had been of sane mind.

VI. That upon every such admittance of any infant, feme covert, or Fines in what lunatic as aforesaid, the fine imposed and set thereupon shall and may be manner de demanded by the bailiff or agent of the lord of such manor, by a note mandable. in writing, signed by the lord of such manor or by his steward, to be left with the guardian of such infant, or such infant if he have no guardian, or with such feme covert or her husband, or with the committee of the estate of such lunatic, or with the tenant or occupier of the land to which such infant, feme covert, or lunatic shall have been admitted as aforesaid; and if the fine so imposed and set be not paid or tendered to such lord or his steward within three months after such demand made, then it shall be lawful for the lord of such manor to enter into and upon the copyhold land to which any such infant, feme of the copyhold covert, or lunatic shall be so admitted, and to hold and enjoy the same, till he is satis

L 2

If not paid, &c. the loid may enter and re

ceive the profits

fied, &c.

No. I.

The lord to ac

and to receive the rents, issues, and profits thereof, but without liberty 1 W. 4, c. 65. to fell any timber standing thereon, for so long time only and until by such rents, issues, and profits such lord shall be fully paid and satisfied such fine, together with all reasonable costs and charges which such lord shall have been put unto in levying and raising the same, and in obtaining the possession of such copyhold land, although such infant, feme covert, or lunatic shall happen to die before such fine and fines, and the costs and charges aforesaid, shall be raised and collected; of all which rents, issues, and profits so to be received by such lord of such manor, or his steward, bailiff, or servant, upon the occasion aforesaid, such lord shall yearly and every year, upon demand to be made by the person who shall be entitled to the surplus of the said rents and profits, over and above what will pay and satisfy such fine and costs and charges, or by the person who shall be then entitled to such copyhold land, give and render a just and true account, and shall pay the same surplus, if any, to such person as shall be entitled to the same.

count yearly;

and to deliver

up possession on satisfaction

of the fines.

VII. That as soon as such fine, and the costs, charges, and expences aforesaid, shall be fully paid and satisfied, or if, after such seizure and entry of and upon such copyhold land for the purposes aforesaid, such fine, and the costs and charges aforesaid, shall be lawfully tendered and offered to be paid and satisfied to the lord of such manor, then and in any of the said cases it shall be lawful for such infant, feme covert, lunatic, or other person entitled thereto, or the guardian of such infant, the husband of such feme covert, or the committee of such lunatic, to enter upon and take possession of and hold the said copyhold land according to the estate or interest such infant, feme covert, or lunatic shall be lawfully entitled to therein, and the lord of such manor shall and is hereby required in any of the said cases to deliver possession thereof accordingly; and if such lord, after such fine, and the costs and charges aforesaid, shall be fully paid and satisfied, or after the same shall have been tendered or offered to be paid as aforesaid, shall refuse to deliver the possession of the said copyhold land as aforesaid, he or they shall be liable to and shall make satisfaction to the person or persons so kept out of possession, for all the damages that he or she shall thereby sustain, and all the costs and charges that he or she shall be put unto for the recovery thereof.

Guardians or VIII. That where any infant, feme covert, or lunatic shall be admitted husbands, or to any copyhold land, if the guardian of such infant, or husband of such committees feme covert, or committee of such lunatic, shall pay to the lord of any paying fines, manor the fine legally imposed and set upon such admittance, and the may reimburse costs and charges which such lord of such manor shall have been put themselves out unto as aforesaid, then it shall be lawful for every guardian of such of the rents of infant, or husband of such feme covert, or committee of such lunatic, the copyhold. his executors and administrators, to enter into and to hold and enjoy the said land to which such infant, feme covert, or lunatic shall have been so admitted, and receive and take the rents, issues, and profits thereof to his and their own use, until thereby such guardian of such infant, or husband of such feme covert, or committee of such lunatic, his executors and administrators, shall be fully satisfied and paid all and every such sum and sums of money as he shall respectively pay and disburse upon the account aforesaid, notwithstanding the death of such infants, femes covert, or lunatic shall happen before such sum or sums of money so expended shall or may be so raised and reimbursed. No forfeiture to IX. Provided always, That from and after the passing of this act no be incurred by infant, feme covert, or lunatic shall forfeit any copyhold land for his or infant, &c. for her neglect or refusal to come to any court to be kept for any manor not appearing, whereof such land is parcel, and to be admitted thereto, nor for the or refusing to omission, denial, or refusal of any such infant, feme covert, or lunatic pay fines. to pay any fine imposed or set upon his or her admittance to any such land.

Fines not war

X. Provided nevertheless, That if the fine imposed in any of the taned by cuscases herein-before mentioned shall not be warranted by the custom of tom, &e, may be controverted.