actually seised of the estate. For if ever it comes to vest in any other person, as heir to John Stiles, a new order of succession must be observed upon the death of such heir; since he, by his own seisin, now becomes himself an ancestor or stipes, and must be put in the place of John Stiles. The figures therefore denote the order in which the several classes would succeed to John Stiles, and not to each other: and before we search for an heir in any of the higher figures, (as No. 8) we must be first assured that all the lower classes (from No. 1 to No. 7) were extinct, at John Stiles' decease. : Such were the seven canons referred to by Blackstone as regulating descent at common law and we now come to consider the changes introduced by Stat. 4 Wm. IV., ch. 1, Con. Stat. ch. 82. DESCENT UNDER THE STATUTE OF WILLIAM. CON. STAT. CH. 82, SECTIONS 1, 2, 3, 15 & 16. 1. The eighteenth section of the interpretation Act is not to apply to this Act. the Act. 2. This Act shall not extend to any descent which took place Relation of on the death of any person who died before the first day of July, one thousand eight hundred and thirty-four. 4 W. 4, c. 1, s. 11. 3. The next ten sections of this Act numbered from four to How the next ten sections thirteen shall apply retrospectively to the sixth day of March, are to apply. one thousand eight hundred and thirty-four, and also prospectively (as the case may be), and shall be construed as if the same had been enacted and passed on the said sixth day of March, one thousand eight hundred and thirty-four. 4 W. 4, c. 1, s. 11. 15. The foregoing sections of this Act shall not have operation The foregoing retrospectively to a period of time anterior to the sixth day of sections not to operate retroMarch, one thousand eight hundred and thirty-four, so as, by spectively in force of any of their provisions, to render any title valid, which certain cases. in regard to any particular estate had prior to that day been adjudged, or has been or may be in any suit which was depending on that day adjudged invalid, on account of any defect, imperfection, matter or thing, which is by such Sections altered, supplied or remedied; but in every such case the law in regard to any such Relation of this Act as to descents be and 31st De defect, imperfection, matter or thing, shall, as applied to such title, be deemed and taken to be as if those Sections of this Act had not been passed. 4 W. 4, c. 1, s. 60. 16. As respects every descent between the first day of July, one thousand eight hundred and thirty-four, and the thirty-first tween the 1st day of December, one thousand eight hundred and fifty-one, July, 1834, both days included, and as respects any descent not included or cember, 1851. provided for in the Sections of this Act, numbered from twentythree to forty-nine, both included, the following sections numbered from seventeen to twenty-one, both included, shall apply retrospectively to the first day of July, one thousand eight hundred and thirty-four, and also prospectively, as the case may be, and shall be construed as if the same had been passed on the said first day of July, one thousand eight hundred and thirty-four. See 14, 15 V. c. 6, s, 1. Meaning of words in this Act. Land. It may be mentioned as to these sections, that they will be best understood by the remark that the original Stat. 4 Wm. IV., ch. 1, was passed on 6th March, 1834, and it is for that reason that day is referred to in the Con. Stat.; also, that some of the provisions of the original Act were not to take effect till 1st July, 1834, and the Act ceased to apply after 31st December, 1851. SECTIONS 14 & 4. 14. The words and expressions in the foregoing sections and in the next seven sections numbered from fifteen to twenty-one inclusive, which in their ordinary signification have a more confined or a different meaning, shall, in all such sections, except where the nature of the provision or the context thereof shall exclude such construction, be interpreted as follows, that is to say the word "land" shall extend to messuages, and all other hereditaments, whether corporeal or incorporeal, 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 pur- Purchaser. chaser" shall mean the person who last acquired the land otherwise than by descent or than by any partition, 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 Descent. consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue; and entitled. the expression "descendants of any ancestor " shall extend to all Descendants. persons who must trace their descent through such ancestor; and the expression "the person last entitled to land" shall Persons last 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 Assurance. or instrument (other than a will) by which any land shall be conveyed or transferred at law or in equity; and the word "rent" shall extend to all annuities and periodical sums of Rent. money charged upon or payable out of any land; and the " person through whom another person is said to claim," shall mean any person by, through or under, or by the act of whom the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the courtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee or otherwise; and every word importing the singular number only, Number and shall extend and be applied to several persons or things, as well gender. as to one person or thing; and every word importing the masculine gender only, shall extend and be applied to a female, as well as to a male. 4 W. 4, c. 1, s. 59. 4. In every case, on and after the first day of July, one Descent shall thousand eight hundred and thirty-four, descent shall be traced always be traced from the from the purchaser; and to the intent that the pedigree may purchaser, &c. never be carried farther back than the circumstances of the case and the nature of the title 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 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 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 Sec. 14 defines word purchaser, defines also last entitled." in every case be considered to have been the purchaser, unless it be proved that he inherited the same. 4 W. 4, c. 1, s. 1. Sec. 4, by requiring descent to be traced from the purchaser instead of from the person last actually seised, makes a most important change in the first canon of descent; the first part of which was that "the inheritance should descend to the issue of the person who last died actually seised;" so that though such person were actually entitled, yet if he did not die actually seised, he was passed by in the order of descent, and inheritance had to be traced from some other actually seised, from whom then the person claiming as heir was taken to inherit directly. What constituted actual seisin has been above explained (a): by this Act the common law requirements of seisin is abolished. By sec. 14 the word purchaser" is declared to mean "the person who last acquired the land otherwise than by descent, or than by any partition, by the effect of which "the land shall have become part of or descendible in the same manner as other land required by descent." These latter words as to partition refer to such a case as a partition by parceners to whom lands have descended; on partition by them they shall not be considered as taking as purchasers, by reason of such partition. By the effect of the statute, therefore, the word "purchaser" has a much larger scope than in its ordinary acceptation, and would include all persons who take not only in the strict sense of the word, but by gift, devise, &c., in short, in every other way than by descent or partition as named in the Statute. The sense and capacity of taking by purchase, is also, in contravention of common law rules considerably enlarged by sections 5, 6, 8 and 9, as hereafter explained. By the same section also the words "the person last en"the person titled 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 by force of the extended signification given to the word "land" the act has an equivalent extended effect. (a) Page 137. |