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c. 105.

No dower out of estates dis

ges, and

3 & 4 W. 4, legal and partly equitable, shall be an estate of inheritance

in possession, or equal to an estate of inheritance in possession (other than an estate in jointenancy), then his widow

shall be entitled in equity to dower out of the same land. Seisin shall III. And be it further enacted, That, when a husband not be ne- shall have been entitled to a right of entry or action in any cessary to give title to land, and his widow would be entitled to dower out of the dower.

same if he had recovered possession thereof, she shall be entitled to dower out of the same although her husband shall have recovered possession thereof; provided that such dower be sued for or obtained within the period during which such right of entry or action might be enforced.

IV. And be it further enacted, That no widow shall be

entitled to dower out of any land which shall have been posed of. absolutely disposed of by her husband in his lifetime, or by

his will. Priority to V. And be it further enacted, That all partial estates partial es

and interests, and all charges created by any disposition or tates, char

will of a husband, and all debts, incumbrances, contracts, specialty

and engagements to which his land shall be subject or liable, shall be valid and and effectual as against the right of his widow to dower.

VI. And be it further enacted, That a widow shall not be barred by be entitled to dower out of any land of her husband when tion in a

in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his

widow shall not be entitled to dower out of such land. or by a de

VII. And be it further enacted, That a widow shall not claration in be entitled to dower out of any land of which her husband band's will. shall die wholly or partially intestate when by the will of

her husband, duly executed for the devise of freehold estates, he shall declare his intention that she shall not be entitled to dower out of such land, or out of any of his

land. Dower shall VIII. And be it further enacted, That the right of a be subject widow to dower shall be subject to any conditions, re

strictions, or directions which shall be declared by the will

of her husband, duly executed as aforesaid. Devise of IX. And be it further enacted, That, where a husband real estate

shall devise land out of which his widow would be ento the widow

any

debts.

Dower may

deed;

tions.

c. 105.

tate to the

not bar her

not to bar

dower may

titled to dower if the same were not so devised, or any 3 & 4 W. 4, estate or interest therein, to or for the benefit of his widow, such widow shall not be entitled to dower out of or in any dower. land of her said husband, unless a contrary intention shall be declared by his will.

X. And be it further enacted, That no gift or bequest Bequest of made by any husband to or for the benefit of his widow of personal esor out of his personal estate, or of or out of any of his land widow shall not liable to dower, shall defeat or prejudice her right to dower. dower, unless a contrary intention shall be declared by his will.

XI. Provided always, and be it further enacted, That Agreement nothing in this act contained shall prevent any court of equity from enforcing any covenant or agreement entered be enforced. into by or on the part of any husband not to bar the right of his widow to dower out of his lands, or any of them.

XII. And be it further enacted, That nothing in this act Legacies in contained shall interfere with any rule of equity, or of any er stillenecclesiastical court, by which legacies bequeathed to widows titled to in satisfaction of dower, are entitled to priority over other

preference. legacies.

XIII. And be it further enacted, That no widow shall Certain hereafter be entitled to dower ad ostium ecclesiæ, or dower abolished. ex assensu patris. XIV. And be it further enacted, That this act shall not Act not to

take effect extend to the dower of any widow who shall have been or before the shall be married on or before the first day of January, one 1st Januathousand eight hundred and thirty-four, and shall not give to any will, deed, contract, engagement, or charge, executed, entered into, or created before the said first day of January, one thousand eight hundred and thirty-four, the effect of defeating or prejudicing any right to dower.

dowers

ry, 1834.

106

3 & 4 WILL. IV. CAP. CIV.

all

Freehold

to be assets

contract or

debts.

An Act to render Freehold and Copyhold Estates Assets for the payment of Simple and Contract Debts.

[29th August, 1833.] 3 & 4 W. 4, WHEREAS it is expedient that the payment of the debts of c. 104.

persons should be secured more effectually than is done by the laws now in force: Be it therefore enacted 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, from and after the passing of this act, and copy.ee when any person shall die seised of or entitled to any estate in all cases or interest in lands, tenements, or hereditaments, corporeal for payment

or incorporeal, or other real estate, whether freehold, of simple customaryhold, or copyhold, which he shall not by his last specialty

will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in courts of equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty; and that the heir or heirs at law, customary heir or heirs, devisee or devisees of such debtor, shall be liable to all the same suits in equity, at the suit of any 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.

107

3 & 4 WILL. IV. CAP. XLII.

C. 42.

An Act for the further Amendment of the Law, and the better Advancement of Justice.

(14th August, 1833.] WHEREAS it would greatly contribute to the diminishing 3 & 4 W.4, of expense in suits in the superior courts of common law at Westminster, if the pleadings therein were in some respects altered, and the questions to be tried by the jury left less at large than they now are, according to the course and practice of pleading in several forms of action; but this cannot be conveniently done otherwise than by rules or orders of the judges of the said courts from time to time to be made, and doubts may arise as to the power of the said judges to make such alterations without the authority of parliament: Be it therefore enacted 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 the Judges to judges of the said superior courts, or any eight or more of have power them, of whom the chiefs of each of the said courts shall be terations in three,' shall and may, by any rule or order to be from time

the mode of

pleading in to time by them made, in term or vacation, at any time with the superior in five years from the time when this act shall take effect, courts, &c. make such 'alterations in the mode of pleading in the said courts, and in the mode of entering and transcribing pleadings, judgments, and other proceedings in actions at law, and such regulations as to the payment of costs, and otherwise for carrying into effect the said alterations, as to them may seem expedient; and all such rules, orders, or regulations shall be laid before both houses of parliament, if parliament be then sitting, immediately upon the making of the same, or, if parliament be not sitting, then within five days after the next meeting thereof, and no such rule, order, or regulation shall have effect until six weeks after the same shall have been so laid before both houses of parliament;

c. 42.

power of

sue.

3 & 4 W. 4, and any rule or order so made shall, from and after such

time aforesaid, be binding and obligatory on the said courts and all other courts of common law, and on all courts of error into which the judgments of the said courts or any

of them shall be carried by any writ of error, and be of the

like force and effect as if the provisions contained therein Not to de- had been expressly enacted by parliament: Provided always, prive any that no such rule or order shall have the effect of depriving person of the

any person of the power of pleading the general issue, and pleading the generalis- giving the special matter in evidence, in any case wherein

he is now or hereafter shall be entitled to do so by virtue

of any act of parliament now or hereafter to be in force. Executors II. And whereas there is no remedy provided by law for may bring actions for

injuries to the real estate of any person deceased (a) cominjuries to mitted in his lifetime, nor for certain wrongs done by a perthe real estates of the son deceased in his lifetime to another in respect of his prodeceased; pèrty, real or personal; for remedy thereof be it enacted,

That an action of trespass, or trespass on the case, as the case 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 provided such action shall be brought within one year after the death of such person; and the damages, when re

covered, shall be part of the personal estate of such person; and actions and further, that an action of trespass, or trespass on the

case, as the case may be, may be maintained against the brought a. gainst exe- executors or administrators of any person deceased, for

any injury to

wrong committed by him in his lifetime to another, in reproperty, spect of his property, real or personal, so as such injury real or per- shall have been committed within six calendar months betheir testa- fore such person's death, and so as such action shall be

brought within six calendar months after such executors or

may be

cutors for an

tor.

(a) Upon the construction of the 4 Geo. 3, c. 7, executors could maintain an action ex delicto for almost every species of injury to personal property committed in the lifetime of

the testator; but, for injuries to real property, committed in the lifetime of the owner, neither heirs or devisees, executors or administrators, could sue.

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