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Custody of Infants.

As to the 2 & 3 Vict. c. 54, intituled, “ An Act to

amend the Law relating to the Custody of Infants."

The object of this Act was to enable Courts of equity to give access to mothers to their infant children, and, if it should be deemed advisable, to order that such children under seven years of age should be delivered into the cus

tody of their mothers until they attain that age. Jurges in

Sect. I enacts, that it shall be lawful for the

Lord Chancellor and the Master of the Rolls(a), for accesss or upon the petition of the mother of any infant ; and

or infants, being in the sole custody or control if sucu chill of the father thereof, or of any person by his

authority, or of any guardian after the death of delivering of

the father, if he shall see fit, to make order for custody uheir the access of the petitioner to such infant or

infants, at such times, and subject to such regulations as he shall deem convenient and just; and if such infant or infants shall be within the age of seven years, to make order that such

equity may make order on petition their infant

dren be within the age of seven years, for

they attain

ibat age.

(a) In re Taylor, 10 Sim. 291, it was determined that the Vice Chancellor has jurisdiction to make orders under this Act, although the Lord Chancellor and Master of the Rolls are alone mentioned in it.

infant or infants shall be delivered to and remain in the custody of the petitioner until attaining such age, subject to such regulations as he shall deem just.

deposing

Sect. 2. That in all complaints made under Affidavits to the Act, the Lord Chancellor or Master of the and parties Rolls may

receive affidavits sworn before any falsely, to be Master in ordinary or Master extraordinary of guilty of the Court of Chancery, and that any person deposing falsely in such affidavits shall be deemed guilty of perjury.

perjury.

Sect. 3. That all orders under the Act may Orders may be enforced by process of contempt.

be enforced by process of contempt.

the benefit of

Sect. 4. But that no order shall be made Mothers

against whom under the Act whereby any mother against adultery esta

blished, not whom adultery shall be established by judg- entitled to ment in an action of crim. con. at the suit of the Act. her husband, or by the sentence of an ecclesiastical court, shall have the custody of or access to

any

infant.

CHAPTER IV.

The Acts of 11 Geo. 4 & 1 Will. 4, c. 40, the

11 Geo. 4 g. 1 Will. 4, c. 46, the 11 Geo. 4 81 Will. 4, c. 47, the 11 Geo. 4 8 1 Will. 4, c. 60, the 4 & 5 Will.4, c. 23, the 1 & 2 Vict. c. 69, and the 11 Geo. 4g. 1 Will. 4, c. 65(a).

Undisposed of Residues.

As to the 11 Geo. 4 & 1 Will. 4, c. 40, intituled,

“ An Act for making better Provision for the Disposal of Undisposed of Residues of the Effects of Testators.'

99

At law, before the passing of this Act, executors were entitled to the whole residue of

(a) This chapter contains a notice of the Acts usually denominated “Sugden's Acts,” and of the Acts passed to explain or extend the provisions of certain parts thereof (except the 11 Geo. 4 & 1 Will. 4, c. 36, and the 2 Will. 4, c. 58, relating to commitment by Courts of equity for contempt and taking bills pro confesso, which have been before set forth:). It has been deemed more convenient to arrange them in a great measure chropologically, although in point of importance the 11 Geo. 4, c. 47, and 1 Will. 4, c. 60, might perhaps be considered entitled to prior attention.

their testator's personal property undisposed of by his will; but Courts of equity had determined that executors were only so entitled, in cases where it did not appear to have been their testator's intention to exclude them from the beneficial interest therein. The effect of this Act is to extend the principle thus recognised by Courts of equity, and to make them trustees of such residue for the person or persons (if any) who would be entitled to the testator's personal estate under the statute of distributions, if he had died intestate. It enacts,

Sect. 1. That when any person shall die After the 1st after the 1st of September next after the passing 1830, exe of the Act, having by his or her will, or any deemed codicil or codicils thereto, appointed any person any residue or persons to be his or her executor or exe- for persons cutors, such executor or executors shall be the Statute of deemed by Courts of equity to be a trustee or unless other trustees for the person or persons (if any) who by the will. 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.

cutors to be

trustees of

Distributions,

wise directed

Sect. 2. But that nothing in the Act shall Not to affect affect or prejudice any right to which any exe- cators where

L

any person entitled to the residue.

there is not cutor, if the 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.

Sect. 3. That the Act shall not extend to Scotland.

Illusory Appointments.

As to the 11 Geo. 4 & 1 Will. 4, c. 46, intituled

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

The object of this Act is to take away the jurisdiction assuined by Courts of equity of declaring void appointments made in exercise of powers where it was conceived the appointment was only illusory. Thus, where a power of appointment was given over a sum of money to a father in favour of his children, and he appointed only a very inconsiderable portion in favour of one or several of such children, Courts of equity considered that such an appointment was not according to the intention of the original donor, and therefore, although good at law, it

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