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Sect. 3. "And be it further enacted, that when any land shall have been devised by any testator who shall die after the 31st day of December, 1833, to the heir or to the person who shall be the heir of such testator, such heir shall be considered to have acquired the land as a devisee, and not by descent; and when any land shall have been limited, by any assurance executed after the said 31st day of December, 1833, to the person or to the heirs of the person who shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof (y)."

Sect. 4." And be it further enacted, that when any person shall have acquired any land by purchase under a limitation to the heirs or to the heirs of the body of any of his ancestors, contained in an assurance executed after the said 31st day of December, 1833, or under a limitation to the heirs or to the heirs of the body of any of his ancestors, or under any limitation having the same effect, contained in a will of any testator who shall depart this life after the said 31st day of December, 1833, then and in any of such cases such land shall descend, and the descent thereof shall be traced as if the ancestor named in such limitation had been the purchaser of such land."

Sect. 5. "And be it further enacted, that no brother or sister shall be considered to inherit immediately from his or her brother or sister, but every descent from a brother or sister shall be traced through the parent."

Sect. 6. "And be it further enacted, that every lineal ancestor shall be capable of being heir to any of his issue; and in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit, either by tracing his descent through such lineal ancestor, or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor to any of his issue, other than a nearer lineal ancestor or his issue."

Sect. 7. "And be it further enacted and declared, that none of the maternal ancestors of the person from whom the descent is to be traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed; and also that no female paternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed; and that no female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants shall have failed."

Sect. 8. "And be it further enacted and declared, that where there shall be a failure of male paternal ancestors of the person from whom the descent is to be traced, and their descendants, the mother of his more remote male paternal ancestor, or her descendants, shall be the heir or heirs of

(y) Vide Strickland v. Strickland, 10 Sim. 374.

such person, in preference to the mother of a less remote male paternal ancestor, or her descendants; and where there shall be a failure of male maternal ancestors of such person, and their descendants, the mother of his more remote male maternal ancestor, and her descendants, shall be the heir or heirs of such person, in preference to the mother of a less remote male maternal ancestor, and her descendants."

Sect. 9. "And be it further enacted, that any person related to the person from whom the descent is to be traced by the half blood, shall be capable of being his heir; and the place in which any such relation by the half blood shall stand in the order of inheritance, so as to be entitled to inherit, shall be next after any relation in the same degree of the whole blood and his issue, where the common ancestor shall be a male, and next after the common ancestor where such common ancestor shall be a female, so that the brother of the half blood on the part of the father shall inherit next after the sisters of the whole blood on the part of the father and their issue, and the brother of the half blood on the part of the mother shall inherit next after the mother."

Sect. 10." And be it further enacted, that when the person from whom the descent of any land is to be traced shall have had any relation who, having been attainted, shall have died before such descent shall have taken place, then such attainder shall not prevent any person from inheriting such land who would have been capable of inheriting the same by tracing his descent through such relation, if he had not been attainted, unless such land shall have escheated in consequence of such attainder before the 1st day of January, 1834."

Sect. 11, "And be it further enacted, that this act shall not extend to any descent which shall take place on the death of any person who shall die before the said 1st day of January, 1834."

Sect. 12. "And be it further enacted, that where any assurance executed before the said 1st day of January, 1834, or the will of any person who shall die before the same 1st day of January, 1834, shall contain any limitation or gift to the heir or heirs of any person, under which the person or persons answering the description of heir shall be entitled to an estate by purchase, then the person or persons who would have answered such description of heir if this act had not been made, shall become entitled by virtue of such limitation or gift, whether the person named as ancestor shall or shall not be living on or after the said 1st day of January, 1834."

4 & 5 WILL. IV. c. 30.

"An act to facilitate the Exchange of Lands lying in Common Fields."

[The first and second sections authorize persons seized or entitled in possession, either in fee, fee tail, or for life, or other estate of freehold, or for years determinable on any life, or for any term of years, whereof one hundred years shall be unexpired, and the guardian, trustee, &c., of persons under disability, to grant and convey in exchange land lying intermixed and

dispersed in common fields, meadows or pastures, for other pieces of land, either lying therein, or being part of the inclosed lands in the same or any adjoining parish, subject to the several provisions subsequently therein contained.]

Sect. 7. "And be it further enacted, that every exchange under the authority of this act shall be made according to the form in the schedule to this act annexed, or as near thereto as the number of parties and the circumstances of the case will admit, and shall, when executed by the respective parties, be valid and effectual in the law to all intents and purposes, without livery of seizin made or taken, or any other act done by any person or party to perfect or complete the same."

Sect. 8. "Provided always and be it further enacted, that whenever any land held by copy of court roll shall be exchanged under the authority of this act, the deed of exchange, when executed by the respective parties, shall be produced to the lord of the manor of which the land may be parcel, or to his steward, or to the deputy of such steward, who shall cause the same to be entered on the court rolls of the manor."

Sect. 9. "And be it further enacted, that the fees and charges to be demanded by and paid to any steward of a manor for entering on the court rolls of such manor any deed of exchange or other instrument required by this act to be entered thereon, shall not exceed the sum of sixpence for every law folio of seventy-two words contained in such deed or other instrument."

"This indenture made the

[Schedule.]
day of

in the year

between of the other part,

A. B, of, of the one part, and C. D. of Witnesseth, that in pursuance and under the authority of an act passed in the year of the reign of his majesty King William the Fourth, intituled [here set forth the title of this act], the said A. B. doth grant and convey all the land comprised in the first schedule hereunder written, marked with the letter A, unto the said C. D., in lieu of and in exchange for the land comprised in the second schedule hereunder written, marked with the letter B, to the end and intent that the land comprised in the first schedule may be held and enjoyed by the said C. D., and the person or persons who, for the time being, shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges and incumbrances as the land comprised in the second schedule now is or may be subject or liable to: And this indenture further witnesseth, that in pursuance of the said act, the said C. D. doth grant and convey all the land comprised in the second schedule hereunder written, marked with the letter B, unto the said A. B., in lieu of and in exchange for the land comprised in the first schedule hereunder written, marked with the letter A, to the end and intent that the land comprised in the second schedule may be held and enjoyed by the said A. B., and the person or persons who for the time being shall be entitled thereto, and be

and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges and incumbrances, as the land comprised in the first schedule now is or may be subject or liable to. In witness &c.

Schedule A, containing the land conveyed by A. B. to C. D.
Schedule B, containing the land conveyed by C. D. to A. B.

Witness, E. F.

G. H,

A. B. (L. S.)
C. D. (L. S.)"

4 & 5 VICT. c. 35,

"An act for the commutation of certain manorial rights in respect of lands of copyhold and customary tenure, and in respect of other lands subject to such rights; and for facilitating the enfranchisement of such lands, and for the improvement of such tenure (2).”

"Whereas it is expedient to provide the means for an adequate compensation for the rents, fines and heriots payable to the lords of manors in respect of lands of copyhold and customary tenure, and in respect of other lands subject to such payments or any of them (a), and for facilitating the VOLUNTARY enfranchisement of such lands, and for improving such tenure; Be it therefore enacted by the queen'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 Tithe Commissioners for England and Wales' for the time being shall be the commissioners for carrying this act into execution; and that, should the same not be fully carried into effect before the duties of the said tithe commissioners shall cease, it shall be lawful in such case for one of her majesty's principal secretaries of state to appoint any number of fit persons to be commissioners to carry this act into execution, in the place of such commissioners so ceasing to act, and at pleasure to remove any one or more of the commissioners so appointed, so that the number of commissioners shall never exceed three; and upon every vacancy in the office of commissioner, some other fit person shall be appointed to the said office in like manner; and until such appointment, it shall be lawful for the remaining commissioners or commissioner to act as if no such vacancy had oc curred."

Sect. 2. "And be it enacted, that the commissioners acting in the execution of this act shall be styled The Copyhold Commissioners,' and shall have their office in London or Westminster; and they, or any two of them, may sit from time to time, as they deem expedient, as a board of commissioners for carrying this act into execution; and the said commissioners shall cause to be made a seal of the same board, and shall cause to be sealed or stamped therewith all agreements and awards or apportionments

(z) Vide ante, pt. 1, p. 550, n. (j).

(a) Ante, pt. 3, p. 603, n. (c).

confirmed by the said commissioners in pursuance of this act; and all such agreements, awards, apportionments and other instruments proceeding from the said board, or copies thereof, purporting to be sealed or stamped with the seal of the said board, shall be received in evidence without any further proof thereof; and no agreement, award or apportionment shall be of any force, unless the same shall be sealed or stamped as aforesaid."

Sect. 3. "And be it enacted, that the said commissioners shall from time to time give to any one of her majesty's principal secretaries of state such information respecting their proceedings, or any part thereof, as the said principal secretary of state shall require, and shall once in every year send to one of the principal secretaries of state a general report of their proceedings; and every year such general report shall be laid before both houses of parliament within six weeks after the receipt of the same by such principal secretary of state, if parliament be sitting, or if parliament be not sitting, then within six weeks after the next meeting thereof."

Sect. 4. "And be it enacted, that it shall be lawful for the said commissioners from time to time to employ such of the assistant commissioners appointed under the provisions of an act passed in the sixth and seventh years of the reign of his late majesty King William the Fourth, and intituled 'An Act for the Commutation of Tithes in England and Wales,' as they shall see fit, or to appoint a sufficient number of other persons to be assistant commissioners, and also a secretary, assistant secretaries, and all such clerks, messengers and officers, as they shall deem necessary, and to remove such assistant commissioners, secretary, assistant secretaries, clerks, mes. sengers or officers, or any of them, and on any vacancy in any of the said offices to appoint some other person to the vacant office; and the persons so employed or appointed shall assist in carrying this act into execution at such places and in such manner as the said commissioners may direct : Provided always, that the said commissioners shall not appoint more than ten such assistant commissioners to act at any one time, unless the lord high treasurer, or any three or more of the commissioners of her majesty's treasury, of the united kingdom of Great Britain and Ireland, shall in the case of each such additional appointment consent thereto: Provided further, that the number of such clerks, messengers and officers, shall be subject to the like consent."

Sect. 5. "And be it enacted, that no commissioner or assistant commissioner appointed as aforesaid shall, during the continuance of such office, be capable of being elected or of sitting as a member of the House of Commons."

Sect. 6. "And be it enacted, that no commissioner or assistant commissioner, secretary or other officer or person so to be appointed, shall hold his office for a longer period than five years next after the day of the passing of this act, and thenceforth until the end of the then next session of parliament; and after the expiration of the said period of five years and the then next session of parliament, so much of this act as authorizes such appointment shall cease."

Sect. 7. "And be it enacted, that the salaries of the commissioners, the allowance to the assistant commissioners, and the salary of the secretary,

VOL. II.

LL

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