8. The lands conveyed to the use of any Church erected or to be erected in any Parish, with any Church built thereon, shall be vested in such Church Corporation for such Parish in fee.

9. The Rector, Church Wardens, and Vestry of any such Church shall be capable of receiving and holding any lands for the use and benefit of the Rector, and all lands heretofore granted to any such Rector, Church Wardens, and Vestry, upon trust for the use and benefit of the Rector, shall be held by the said Rector, Church Wardens, and Vestry, for the uses and trusts expressed in the grant or conveyance thereof, subject to the sole management and direction of such Rector, and be used and enjoyed by him for the best benefit and advantage of himself and his successors, in like manner as glebe lands are held and enjoyed in England; but he shall have no power to fell, cut down, or take away the timber or wood growing on any part thereof, without express licence in writing from the Church Wardens and Vestry of the said Church.

10. In case of the death or absence from the Province of the Rector of any Church, or where no Rector shall have been appointed, the Church Wardens and Vestry in such Parish shall have the full authority herein given to the Rector, Church Wardens, and Vestry of such Church.

11. At the annual meeting for the election of Church Wardens and Vestrymen, the Rector shall preside; if there be no Rector, or he shall be unable to attend, the persons qualified to elect may meet at the Parish Church, appoint a Chairman, and elect Church Wardens and Vestrymen.

12. No corpse shall be interred within or under any Church erected or to be hereafter erected.

13. Nothing in this Chapter contained shall affect the existing rights or liabilities of any Rector, Church Wardens, and Vestry duly incorporated or acting as a Corporation, or any lessees or other persons claiming under them, before the passing of this Chapter.

TITLE XXIX.

OF THE RELIEF OF ROMAN CATHOLICS.

CHAPTER 108.

Section 1.-What Act extends to this Province.

1. An Act of the Imperial Parliament* passed in the tenth year of the Reign of His Majesty King George the Fourth, for the relief of the Roman Catholics, shall extend to this Province so far as the provisions thereof are applicable.

1. Every grant or letters patent of land situate in this Province, passed under the Great Seal of Nova Scotia, upon the organization of this Province, or a copy thereof duly authenticated by the Registrar of the Province of Nova Scotia, and exemplified under the Great Seal of the same on or before the third day of January one thousand seven hundred and eighty seven, by the Secretary, shall be valid and effectual for the uses and purposes therein mentioned; and every such grant or letters patent not so registered shall be void.

2. In any of the said grants of lands in the County of Charlotte, the courses of the boundary lines shall be ascertained by reference to the true meridian, as represented on the plans thereto annexed.

1. What property may be disposed of by 17. How a revoked Will may be revived. Will.

2. Estates pur autre vie.

3. Will by person under age, effect of 4. Of married women, effect of.

5. Number of witnesses requisite.

6. Appointments.

7. Soldiers and Mariners, how affected.
8. What Wills do not require publication.
9. Effect of Will, although witness incom-
petent.

10. Devise, &c., to attesting witness, effect of.

18. When devise not inoperative.
19. When Will shall have effect.
20. When residuary devise shall include
lapsed devises.

21. What a general devise of land includes.
22. What a general gift includes.

23. What devise without limitation shall pass. 24. Construction of words "die without issue," &c.

25. When devise to Executors or Trustees of fee shall be whole estate.

11. When creditor attesting may be witness. 26. Trustees under unlimited devise, how to 12. Executor not incompetent.

13. When Will revoked.

14. Not by presumption.

15. Only to be revoked by another Will, &c. 16. Alteration, &c., when valid.

take.

27. When devise of estates tail shall not

lapse.

28. What gifts to children shall not lapse. 29. Explanation of terms.

of by his Will, executed in

1. Every person may dispose manner hereafter required, all real and personal estate which he shall be entitled to at law or in equity at the time of his death, and which if not so disposed of, would devolve upon his heir, child, or next of kin, or upon his representatives; and the power hereby given shall extend to estates pur autre vie, whether or not there shall be any special occupant thereof, and whether the same shall be a corporeal or incorporeal hereditament, and also to all contingent, executory, or other future interests in any real or personal estates, whether the testator may or not be ascertained as the person, or one of the persons, in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created, or under any disposition thereof, by Deed or Will, and also to all rights of entry for conditions broken, and other rights of entry; and also to such of the same estates, interests, and rights, respectively, and other real and personal estate, as the testator may be entitled to at the time of his death, notwithstanding he may become entitled to the same subsequently to the execution of his Will.

2. If no disposition by Will be made of any estate pur autre vie of a freehold nature, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of special occupancy as assets by descent, as in the case of freehold land in fee simple; and in case there shall be no special occupant of any estate pur autre vie, whether a corporeal or incorporeal

hereditament, it shall go to the representatives of the party that had the estate thereof by virtue of the grant, and if the same shall come to them either by reason of a special occupancy, or by virtue hereof, it shall be assets in their hands, and be applied and distributed in the same manner as the personal estate of the testator or intestate.

3. No Will made by any person under the age of twenty one years shall be valid.

4. No Will made by any married woman shall be valid, except such a Will as might have been made by a married woman before the passing of this Act.

5. No Will shall be valid unless it shall be in writing, and executed in manner hereinafter mentioned, that is to say, it shall be signed at the foot or end thereof by the testator, or by some other person in his presence, and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and subscribe the Will in the presence of the testator, and in presence of each other; but any Will, although not signed at the foot or end thereof, shall be valid if it be apparent from the Will and position of the signature, or from the evidence of the witnesses thereto, that the same was intended by the testator to be his last Will; but no form of attestation shall be necessary.

6. No appointment made by Will in exercise of any power shall be valid, unless the same be executed in manner hereinbefore required; and every Will so executed shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by Will, notwithstanding it shall have been expressly required that a Will made in exercise of such powers shall be executed with some additional or other form of execution or solemnity; but any soldier being in actual military service, or any mariner or seaman being at sea, may dispose of his personal estate as he might have done heretofore.

7. This Chapter shall not prejudice or affect any of the provisions of an Act of the Imperial Parliament passed in the eleventh year of the Reign of King George the Fourth, and in the first year of King William the Fourth, entitled "An Act to amend and consolidate the laws relating to the pay of the

Royal Navy," respecting the Wills of petty officers and seamen in the Royal Navy, and non-commissioned officers of Marines, so far as relates to their wages, pay, prize money, bounty money, and allowances, or other moneys payable in respect of services in Her Majesty's Navy.

8. Every Will executed in manner hereinbefore required, shall be valid without any other publication.

9. If any person who shall attest the execution of a Will shall, at that time, or at any time afterwards, be incompetent to be admitted a witness to prove the execution thereof, such Will shall not on that account be invalid.

10. If any person shall attest the execution of any Will, to whom, or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment of, or affecting real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment, shall, so far only as concerns such person attesting the execution of such Will, or the wife, or husband of such person, or any person claiming under such person, or wife or husband, be void; and such person so attesting, shall be admitted as a witness to prove the execution of such Will, the validity or invalidity thereof.

11. If by a Will any real or personal estate shall be charged with any debt or debts, and any creditor, or the wife or husband of any creditor, whose debt is so charged, shall attest the execution of such Will, such creditor, notwithstanding such charge, shall be admitted a witness to prove the execution of such Will, the validity or invalidity thereof.

12. No person shall, on account of his being an executor of a Will, be incompetent as a witness to prove the execution, the validity or invalidity thereof.

13. Every Will made by a man or woman, shall be revoked by his or her marriage, except a Will made in exercise of a power of appointment, when the real or personal estate thereby appointed would not, in default of such appointment, pass to his or her heir, child, next of kin, or representative.

14. No Will shall be revoked by any presumption growing out of an alteration in circumstances.

15. No Will, or Codicil, or any part of either, shall be