to such an estate as the tenant in tail could have created. s. 39.

36. From THIS DATE, past surrender by husband and wife of her equitable interests in copyholds rendered valid. s. 90.

3 & 4 Will. 4, c. 104. An Act to render Freehold and Copyhold Estates Assets for the Payment of Simple (and) Contract Debts. [Royal Assent, 29th August, 1833.]

AUGUST 29, 1833.—(Passing of the Act).-37. In every case of a person dying seised after THIS DATE of any estate or interest in freehold, customaryhold, or copyhold estates, and not charging the same, by will, with his debts, such estate or interest made assets for his debts, as well simple contract as specialty, to be administered as the act directs.

3 & 4 Will. 4, c. 105.

relating to Dower.

An Act for the Amendment of the Law [Royal Assent, 29th August, 1833.]

JANUARY 1, 1834.-38. Not to extend to the dower of any widow married on or before THIS DATE, nor to give to any will, deed, contract, engagement, or charge, executed, entered into, or created before THIS DATE, the effect of defeating or prejudicing any right of dower. s. 14.

3 & 4 Will. 4, c. 106. of Inheritance.

An Act for the Amendment of the Law [Royal Assent, 29th August, 1833.]

DECEMBER 31, 1833.-39. In every case of a testator dying after THIS DATE, and devising land to his heirs, or to a person being his heir, such heir shall take by devise; and land limited in any assurance executed after this date to the person, or to the heirs of the person conveying, shall be taken by such person as a purchaser. s. 3.

40. If a person acquire land as purchaser under a limitation to the heirs, or to the heirs of the body of his ancestor, con

tained in an assurance executed after THIS DATE, or under a limitation similar or of like effect contained in the will of a testator dying after THIS DATE, such land shall descend, and the descent be traced as if the ancestor were purchaser. s. 4.

41. Descent may be traced through a person attainted, unless the land escheated by such attainder before THIS DATE. s. 10.

42. Act not to extend to descents on death occurring before THIS DATE. s. 11.

43. Under a limitation to the heir or heirs in any assurance executed before THIS DATE, or in the will of any person dying before THIS DATE, which would confer an estate by purchase, the person or persons who would have answered the description of heir or heirs under the pre-existing law shall take. s. 12.

* In this Index titles too general, (e. g. "Tenant in tail" and the like), have
been omitted as useless. The reader must not consider this as an Index to the Acts.
The numbers in the Index refer to the sections of the Table.

XI.

French Law of Testaments and Succession.

1. French Law of Testaments.

IT may be interesting to most, and useful to some readers, to have a brief statement of the formalities prescribed by the Code Civil of France for Testaments.

Testaments are,

First, "Le Testament olographe," which must be dated, subscribed with the family name, and entirely written by the testator, but is not subject to any other formality.

Of testaments
CIVIL of

in the CODE

France.

Le testament olographe.

Secondly, "Le Testament par acte public," which must be Le testament received by two notaries and two witnesses, or by one notary par acte public. and four witnesses. By received is meant, that the testator dictate the will, (consequently dumb persons are excluded); that the notaries, or one of them, or the notary, personally, write it in substance according to the dictation; that it be afterwards read to the testator in the presence of the witnesses; that the observance of the required formalities be clearly expressed in the notarial act; that it be signed by the testator, or, if he declare that he knows not how to sign it or cannot sign it, that express mention of such declaration, and of the disabling cause, be made in the notarial act; also, that the witnesses, or if the testament be received in the country, (i. e. not in "ville" or "bourg"), half the requisite witnesses, sign the testament (a). If a witness be a clerk to either of the notaries, or to the sole notary, or be a legatee, or be related by consanguinity or af finity to a legatee, or related lineally in any degree, or colla

(a) M. Rogron, in his Commentary, states, "Le nombre des individus sachant signer peut-être très restreint dans les campagnes." Pro

bably the French legislature, and
this distinguished commentator, can
better estimate, than foreigners, the
diffusion of education in France.

Le testament mystique ou

secret.

Witnesses.

Notaries.

Provisions as

to soldiers and others;

terally to a defined extent, to either notary or to the sole notary, or be civilly dead or deaf, blind or dumb, he is an insufficient witness; but the testament is not thereby annulled if the incompetency could not be known.

Thirdly, "Le Testament mystique ou secret," by a testator who is capable of reading. Such a will must be written by the testator, or by another person at his instance, and he must sign it, and either present it sealed up (either by itself or in an envelope) to a notary and six witnesses, or else, so seal it up in their presence, and must declare that the contents, so written and so signed, are his will, a note of which declaration is to be superscribed, and such superscription must be immediately signed by the notary and witnesses. The testator must also sign this superscription, unless, after signing the will, he shall have become incapable of so doing, and that fact be stated in the superscription. If, however, the testator know not how to sign, or otherwise cannot sign his will, the superscription must mention the fact, and then an additional witness to the superscription is requisite. If the testator cannot speak, then he must personally write, date, and sign a will of this description, and must, at the head of the superscription, declare in writing that the document presented to the notary and witnesses is his will, which declaration must be noted in the superscription.

Witnesses generally to wills must be males, of full age, subjects of the French king, and in the enjoyment of civil (not necessarily also of political) rights. As the contents of a will of the third species are supposed to be unknown, legatees or their relatives may be witnesses.

The competency of notaries is subject to many restrictions, in respect of locality, relationship between themselves, and relationship to the testator or to any of the legatees.

These laws are inapplicable to military and other persons employed in the army, out of the French territory, or besieged within it, or prisoners of war to an enemy, but the privileged will of any such person is valid only for six months after his return to a place where he can adopt the ordinary forms. So, wills made in places with which communication is prevented on