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No. III. such respective annual sums so placed to their account by virtue of the 3 & 4 W. 4, said act, either in the whole or in part, in the purchase of such redeem. c. 24. able public annuities, or annuities for any terin or terms of years, or in
the purchase of exchequer bills, or in the paying off exchequer bills, or in the advancing of such annual sums upon the
credit of any exchequer bills therein-before mentioned as the said commissioners should from time to time judge most expedient: And whereas it is expedient to extend the powers and provisions of the said recited act, and to enable the said commissioners to purchase from time to time, with the said monies or with any part thereof which shall be so issued to them from time to time, under the provisions of the said act, within any quarter in this present year, or in any future year after the passing of this act, the reversion of any of the existing perpetual redeemable annuities, or of any of the perpetual redeemable annuities which may be hereafter created, and which may at any time be existing after the passing of this
act, and constituting the public funded debt of the united kingdom; be The commis- it therefore enacted, &c., That from and after the passing of this act it sioners for the shall and may be lawful for the said commissioners for the reduction of reduction of
the national debt (and the said commissioners are hereby authorized and the national
empowered), out of any of the said monies which shall be issued to them ered to apply
towards the reduction of the national debt, by virtue of the said recited the monies of act, or of any other act or acts now in force or which may hereafter be the sinking passed relating to the fund commonly called “ The Sinking Fund,” to fund to the apply such monies or any part thereof, if they shall think fit, at such purchase of the time and times and under such regulations as the said commissioners reversion of shall think proper to adopt for that purpose, to the purchase of the
reversion of any of the present existing perpetual redeemable annuities, redeemable
or the reversion of any perpetual redeemable annuities which may at annuities;
any time exist after the passing of this act, and constituting the public and to grant in funded debt of the united kingdom, and to grant to any person or perexchange for sons, bodies politic or corporate, in exchange for such perpetual annuisuch, annuities ties payable at the bank of England as shall or may be transferred to for limited
them under the provisions of this act, an annuity or annuities, to conti: nue for such limited term of years certain, and upon such terms and conditions, as shall and may be agreed upon between the said commis
sioners and the parties contracting with the said commissioners. Annuities for II. That all annuities for term of years granted by the said commisterm of years sioners by virtue of this act shall be charged and the same are hereb; granted by
made chargeable upon the consolidated fund of the said united kingdom, virtue of this
and the said annuities shall be deemed and taken to be annuities for act to be
terms of years granted by the said commissioners within the meaning chargeable
and intent of the act passed in the tenth year of the reign of king George consolidated
the fourth, intituled An Act to enable the Cornmissioners for the Reductio.. fund.
of the National Debt to grant Life Annuities, and Annuities for Terms of
Years, and all the clauses, conditions, provisions, directions, regulations, 10 G. 4, c. 24. and periods of payment contained in the said last-recited act relating to
immediate annuities granted or to be granted by the said commissioners for certain terms of years, and in a certain act made and passed in the
second and third years of the reign of king William the fourth, intituled 2 * 3W.4, An Act to transfer the Management of certain Annuities on Lives from the c. 59.
Receipt of His Majesty's Exchequer to the Management of the Commissioners for the Reduction of the National Debt, and to amend an Act for enabling the said Commissioners to grant Life Annuities and Annuities for Terms of Years, shall be deemned and taken to apply to the annuities for terms of years which shall at any time be granted by the said commis
oners under and by virtue this act, as fully and effectually, to all intents and purposes (except as altered and varied by virtue of this act, as if the said clauses, conditions, provisions, directions, regulations,
and periods of payment were severally repeated and re-enacted in this Perpetual an. III. That all the perpetual annuities which shall at any time after the nuities trans
passing of this act be transferred to the said commissioners under the rred to com
provisions of this act shall be forthwith cancelled in the books of the No. III. governor and company of the bank of England; and the said perpetual 3 & 4 W. 4, annuities shall cease to be charged upon or to be issued out of the said
c. 24. consolidated fund from and after the day upon which any such perpetual annuities shall be transferred to and placed in the names of the missioners for said commissioners in the books of the said bank.
of the national debt to be cancelled. IV. That the annuities for terms of years granted by the said com- Annuities for missioners under the provisions of this act, or already granted or to be terms of years granted under the said last-recited act or of any future act or acts by created by this which any annuities for terms of years certain shall be created, shall act and by and may be transferred to and from the books of the governor and com- 10 G. 4, c. 24, pany of the bank of England to the books of the governor and com- may be transpany of the bank of Ireland, and vice versá, for the
ferred to and of having purpose
from England corresponding sums in the like annuities for terms of years written into
and Ireland. the books of the said respective banks, in like manner and under the same regulations as any other annuities for terms of years or capital stock are permitted to be so transferred under and by virtue of an act passed in the fifth year of the reign of king George the fourth, intituled An Act to permit the mutual Transfer of Capital in certain 5 G. 4, c. 53. Public Stocks or Funds tranferrable at the banks of England and Ireland respectively.
(For the 4 & 5 W. 4, c. 22, relating to the apportionment of annuities, see post, Part IV., Class 19.
RESTITUTION OF STOLEN PROPERTY.
[The 21 H. 8, c. 11. (see Evans' Statutes, vol. ii. p. 342) is now repealed; and by the 7 & 8 G. 4, c. 29, s. 57, the court on conviction of the offenders, may award writs of restitution of stolen property, or order restitution thereof in a summary way. See the clause, Evan's Statutes, vol. vi. p. 49, X.
Long previous to the above statute, which allows the court to make a summary order, it was usual for the judges to direct immediate restitution to prosecutors of their goods without obliging them to issue writs of restitution, which seem to have fallen into disuse soon after the passing of the 21 H. 8, c. 11.
That statute only extended to a felonious and not to a fraudulent taking of goods. See 5 Term Reports, 175, where it was held under the 21 H. 8, c. 11, That if the owner of goods lost them by a fraud, and not by a felony, and afterwards convicted the offender, he was not entitled to restitution; or to retain them against a person (as a pawnbroker) who had fairly acquired a new right of property in the goods.
It has been recently held that the owner of stolen cattle who prosecutes the thief to conviction may recover their value in trover from a person who purchased them of the thief by a bona fide sale, but not in market overt, and sold them again in market overt before such conviction, notice of the felony having 'been given to him whilst the cattle were in his possession. Peer v. Humphrey, 1 New Term Rep. K. B. 28.]
EXECUTORS AND ADMINISTRATORS.
(No. 1.] 1 W. IV. c. 40.-An Act for making better Pro
vision for the Disposal of the undisposed of Residues of the Effects of Testators.
[16th July 1830.] WHEREAS testators by their wills frequently appoint executors,
without making any express disposition of the residue of their personal estate: And whereas executors so appointed become by law entitled to the whole residue of such personal estate; and courts of equity have so far followed the law as to hold such executors to be entitled to retain such residue for their own use, unless it appears to have been their testator's intention to exclude them from the beneficial interest therein, in which case they are held to be trustees for the person or persons (if any) who would be entitled to such estate under the statute
of distributions, if the testator has died intestate : And whereas it is After 1st Sept. desirable that the law should be extended in that respect; be it there1830 executors fore enacted, &c., That when any person shall die, after the first day of deemed to be September next after the passing of this act, having by his or her will, trustees for
or any codicil or codicils thereto, appointed any person or persons to be persons entitled his or her executor or executors, such executor or executors shall be to any residue
deemed by courts of equity to be a trustee or trustees for the person or under the statute of dis- persons (if any) who would be entitled to the estate under the statute of tributions, un
distributions, in respect of any residue not expressly disposed of, unless less otherwise it shall appear by the will, or any codicil thereto, the person or persons directed by so appointed executor or executors was or were intended to take
such residue beneficially. Not to affect II. Provided also, That nothing herein contained shall affect or rights of exe. prejudice any right to which any executor, if this act had not been cutors where passed, would have been entitled, in cases where there is not any there is not any person who would be entitled to the testator's estate under the person entitled statute of distributions, in respect of any residue not expressly disto the residue. posed of. Not to extend III. Provided always, That nothing herein contained shall extend to to Scotland.
that part of the united kingdom called Scotland.
[No. II.] 3 & 4 W. IV. c. 42.-An Act for the further
amendment of the Law, and the better advancement of Justice.
[14th August 1833.] Executors may
II. And whereas there is no remedy provided by law for injuries to bring actions the real estate of any person deceased, commited in his lifetime, nor for for injuries to certain things done by a person deceased in his lifetime to another in the real estates
respect of his property, real or personal; for remedy thereof, be it of the de.
enacted, That an action of trespass, or trespass on the case, as the case ceased
may be, may be maintained by the executors or administrators of any person deceased for any injury to the real estate of such person, committed in his lifetime, for which an action might have been maintained by such person, so as such injury shall have been committed within
six calendar months before the death of such deceased person, and pro
No. II. vided such action shall be brought within one year after the death of 3 & 4 W. 4, such person; and the damages, when recovered, shall be part of the c. 42. personal estate of such person; and further, that an action of trespass, or trespass on the case, as the case may be, may be maintained against and actions the executors or administrators of any person deceased for any thing may be brought committed by him in his lifetime to another in respect of his property, against exereal or personal, so as such injury shall have been committed within cutors for an six calendar months before such person's death, and so as such action injury to pro
perty, real or shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of their testator.
personal, by the estate and effects of such person; and the damages to be recovered in such action shall be payable in like order of administration as the simple contract debts of such person.
XIV. That an action of debt on simple contract shall be maintainable Simple contract in any court of common law against any executor or administrator. debt.
XXXVII. That it shall be lawful for the executors or administrators Executors of of any lessor or landlord to distrain upon the lands demised for any term lessor may or at will for the arrearages of rent due to such lessor or landlord in his distrain fór lifetime, in like manner as such lessor or landlord might have done in arrears in his his lifetime.
lifetime. [For the clause of the above act, making executors when plaintiffs liable to costs, see post, Part IV., Class XI. Čosts.]
[No. I.] 11 G. IV. c. 14.–An Act for removing the Sale of
Hay and Straw from the Haymarket, and for establishing
(3rd May 1830.]
[No. II.] 2 & 3 W. IV. c. 20.-An Act to provide for
the Sale, Manufacture, and Consumption of Tobacco grown in Ireland before the First Day of January 1832.
[24th March 1832.]
[No. III.] 3 & 4 W. IV. c. 68.—An Act to amend the
Laws relating to the sale of Wine, Spirits, Beer and Cider by retail in Ireland.
[28th August 1833.]
[No. IV.] 4 & 5 W. IV. c. 20.-An Act to explain and
amend an Act passed in the Thirty-third Year of the Reign of His late Majesty King George the Second, to regulate the Conveyance and Sale of Fish at First Hand.
[16th June 1834.] WHEREAS by an act made and passed in the thirty-third year of the
reign of his late Majesty king George the second, chapter twenty33 G. 2, c. 27. seven, intituled An Act to repeal so much of an Act passed in the twenty
ninth year of his then present Majesty's reign, concerning a free Market for Fish at Westminster, as requires Fishermen to enter their Fishing Vessels at the Office of the Searcher of the Customs at Gravesend ; and to regulate the Sale of Fish at the First Hand in the Fish Markets in London and Westminster; and to prevent Salesmen of Fish buying Fish to sell again on their own Account; and to allow Bret and Turbot, Brill and Pearl, although under the respective Dimensions mentioned in a former Act, to be imported and sold : and to punish Persons who shall take or sell any Spawn, Brood, or Fry of Fish, unsizeable Fish, or Fish out of Season, or Smelts under the size of Five Inches, and for other Purposes; certain provisions were made for regulating the sale of fish at first hand in the fish markets of London and Westminster ; and it is by the said act, amongst other things, enacted, that no live salmon, salmon trout, turbot, large fresh cod, half fresh cod, haddock, scate, fresh ling, soles, or whitings shall at any time after the arrival thereof at the Nore, as therein men