had been the executed after the said thirty-first day of December, one thousand the heirs of their ancestor, eight hundred and thirty-three, or under a limitation to the heirs or the land shall to the heirs of the body of any of his ancestors, or under any limitation descend as if having the same effect, contained in a will of any testator who shall the ancestor depart this life after the said thirty-first day of December, one thou- purchaser. sand 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. Brothers and Sisters. shall trace descent 5. And be it further enacted, That no brother or sister shall be Brothers, &c., considered to inherit immediately from his or her brother or sister, but every descent from a brother or sister shall be traced through the through their parent. Lineal Ancestors. parent. Lineal ancestor may be heir in preference to collateral per through him. 6. And be it further enacted, That 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 sons claiming 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. Male Line, Male Stocks. 7. And be it further enacted and declared, That none of the The male line maternal ancestors of the person from whom the descent is to be to be preferred. traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and also that 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 that no female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed. Mother of Remotest Male Ancestor. 8. And be it further enacted and declared, That where there shall The mother of more remote male ancestor to be preferred to the mother of the less remote male ancestor. Half-blood, if male ancestor, to inherit after the whole blood of the same degree; if on the part of a female 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. Half-Blood. 9. And be it further enacted, That any person related to the person on the part of a 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. ancestor, after her. After the death of a person attainted, his descendants may inherit. Attainted Blood. 10. And be it further enacted, That when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same, by tracing his descent through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the first day of January, one thousand eight hundred and thirty-four. Act not to extend to any descent before 1st Jan. 1834. Commencement of Act. 11. And be it further enacted, That this act shall not extend to any descent which shall take place on the death of any person who shall die before the said first day of January one thousand eight hundred and thirty-four. Commencement-Limitation to Heir as Purchaser. made before the 1st Jan. 1834, to the heirs of a per son then living, shall take effect as if the act had not been 12. And be it further enacted, That where any assurance executed Limitations before the said first day of January, one thousand eight hundred and thirty-four, or the will of any person who shall die before the same first day of January, one thousand eight huudred and thirty-four, shall contain any limitation or gift to the heir or heirs of any person, under which the person or persons answering the description of heir shall be entitled to an estate by purchase, then the person or persons who made. would have answered such description of heir if this act had not been made shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said first day of January, one thousand eight hundred and thirtyfour. Creditors by Simple Contract. 3 & 4 WILL. IV. CAP. 104.-[Royal Assent, Aug. 29th, 1833.] An Act to render Freehold and Copyhold Estates Assets for the Payment of simple and contract Debts. persons WHEREAS it is expedient that the payment of the debts of all of the creditors of such debtor, whether creditors by simple contract or by specialty, as the heir or heirs at law, devisee or devisees of any person or persons who died seised of freehold estates was or were before the passing of this act liable to in respect of such freehold estates at the suit of creditors by specialty in which the heirs were bound: provided always, that, in the administration of assets by courts of equity under and by virtue of this act, all creditors by specialty in which the heirs are bound shall be paid the full amount of the debts due to them before any of the creditors by simple contract or by specialty in which the heirs are not bound shall be paid any part of their demands. Apportionment of Rents, &c. 4 & 5 WILL. IV. CAP. 22.-[Royal Assent, June 16th, 1834.] An Act to amend an Act of the Eleventh Year of King George the 11 Geo. 2, c.19. 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 in tended 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: Be it therefore enacted and declared 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 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. And be it further enacted, That, from and after the passing of this act, 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 Britain 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 Rents reserved on leases determining on the death of the person making them, (though not strictly te nant for life), or on the death as within the recited act. All rents, an nuities, and other payments coming due at fixed periods to be apportioned; *Sic. |