« AnteriorContinuar »
The Thames and Medway Canal Company v. Nash, Sim. 280 ... Interpleader Tooker v. Annesly, Sim. 236 .. .. .. .. .. Tenant for Life
ABSTRACT OF PUBLIC GENERAL STATUTES.
(4 & 5 WILLIAM IV.- continued.)
Cap. 24.–An Act to alter, amend and consolidate the Laws for Regulating
the Pensions, Compensations and Allowances to be made to persons in respect of their having held Civil Offices in his Majesty's Service.
[25th July, 1834.] CAP. 25.–An Act to alter and extend the Provisions of an Act passed in
the eleventh year of the reign of his late Majesty George the Fourth, for amending and consolidating the Laws relating to the Pay of the Royal Navy.
[25th July, 1834.] CAP. 26.— An Act to abolish the Practice of Hanging the Bodies of Criminals in Chains.
[25th July, 1834.] CAP. 27.–An Act for the better Administration of Justice in certain Boroughs and Franchises.
[25th July, 1834.] S. 1. Justices of the peace acting for boroughs which are not empowered to hear and determine felonies, may commit persons charged with felonies to be tried at the general quarter sessions for the county wherein such borough shall be situate.
S. 2. Justices acting for boroughs having power to try certain felonies at the general sessions for such boroughs, may commit to the county gaol persons charged with felonies triable at the county general quarter sessions, but to which the jurisdiction of the justices for the borough does not extend.
S. 3. In towns or franchises having a recorder and a fit prison, the magistrates shall commit to such prison all persons charged with felonies triable at sessions; and the court of quarter sessions of such towns shall
have authority to try such felonies. CAP. 28.--An Act to amend the Laws relative to Marriages celebrated by
Roman Catholic Priests and Ministers not of the Established Church in Scotland.
[25th July, 1834.] Cap. 29.--An Act for facilitating the Loan of Money upon Landed Securities in Ireland.
[25th July, 1834.] Cap. 30.--An Act to facilitate the Exchange of Lands lying in Common Fields.
[25th July, 1834.] S. 1. Persons seised, possessed of, or entitled in possession to land in any common field, as tenant in fee simple, fee tail, for life, by the curtesy, or any other estate of freehold, or for years determinable on any life, or for a term whereof 100 years shall be unexpired, and the guardian, trustee, feoffee for charitable or other uses, husband, or committee of an infant, idiot, lunatic, or feme covert, may by such deed and with such consent as hereinafter mentioned, grant such land in exchange for other land lying in the same or any other common field, or for enclosed land in the same or any adjoining parish. .
S. 2. Any such persons may grant land in exchange for such land lying in such common field.
S. 3. Land granted in exchange by persons having a limited interest shall be equal in value (or be made so by the payment of a sufficient sum of money for equality of exchange) with the land taken in exchange.
S. 4. Whenever an exchange under this act is proposed, and either of the parties has a limited interest, or is under any disability, the consent of the person next in remainder must be obtained, to be testified by signing the draft deed of exchange; in case the person in remainder shall be an infant, feme covert, idiot, or lunatic, the guardian, husband, or committee may consent to such exchange: Provided, that if the guardian, &c. shall be the person by whom the exchange is proposed, then the Court of Chancery, on petition, may appoint a protector to such infant, &c. for the purposes of this act, who may consent and sign the draft deed of exchange.
S. 5. No exchange shall be made of land held in right of any benefice, without consent of the patron and bishop, to be signified as before mentioned. Where the patronage is in the Crown, or belongs to the Duchy of Cornwall, the first lord of the treasury, lord chancellor, chancellor of the Duchy of Lancaster, or the Duke of Cornwall, as the case may be, to consent. If the patron is a minor, idiot, lunatic, or feme covert, the guardian, &c. may consent and sign on behalf of the patron, .
S. 6. No exchange to be made by any bishop, dean, archdeacon, prebendary, or other ecclesiastical corporation sole, without the consent of the archbishop, chapter, or bishop, as the case may require; the consent of the chapter to be signified by affixing their common seal to the draft deed of exchange; in the other cases, by signature.
S. 7. Exchanges to be made according to the form given in the schedule, and to be valid without livery of seisin.
S. 8. In case of exchange of copyhold land, the deed of exchange to be entered on the court rolls.
S. 9. Fees to steward for entering not to exceed sixpence for every law folio.
S. 10. In case of exchange of church lands, the deed to be entered in the proper ecclesiastical registry.
S. 11. Office copies of deeds of exchange entered in such registries to be evidence in all courts.
S. 12. A draft of the intended deed of exchange, containing a correct description of the several lands, and signed by the respective parties, and also by the persons whose consent is required, and accompanied by an estimate of the value of the lands to be exchanged, and when either party shall be under disability, then accompanied also by a copy of the several limitations contained in the deed or will under which such person shall be
entitled, to be deposited with the clerk of the peace of the county in which the greater part of the Jand may be situated, and notice of such deposit to be published three times, in three successive months, in a county news-paper. In case of corporations aggregate, affixing the common seal to be sufficient instead of signature.
S. 13. Persons interested objecting to the exchange may state the objection in writing, and deposit the same with the clerk of the peace not less than fourteen days before holding the assizes.
S. 14. Justices of the peace to make a table of fees to be taken by the clerks of the peace for their duties under this act, in manner directed by the 57 Geo. 3, cap. 91.
S. 15. The clerk of the peace to cause the draft deed of exchange, estimate, and statement of objection to be laid before the senior judge of the assizes to be holden next after the expiration of three months from the deposit of the draft deed. Such judge to appoint a barrister of not less than five years standing to consider the same.
S. 16. Barrister may summon witnesses and administer an oath.
S. 17. Barrister to satisfy himself by the production of deeds, examination of witnesses, or other evidences, of the value of the lands to be exchanged, and that no party to the exchange is under disability, or, if so, that the person stated to be next in remainder has such'estate, and that the required notices and consents have been given: such barrister to hear and determine all objections.
S. 18. Barrister to certify accordingly; and to suggest such alterations as he shall think expedient for better protecting the rights of interested parties.
S. 19. Where difference in value shall not exceed one-fifth, barrister may insert a provision in the exchange for payment in money of such difference; no exchange to be made under this act where the difference in value shall exceed one-fifth.
S. 20. Certificate with draft deed, &c. to be laid before the judge, who shall make order thereupon; the draft deed, when confirmed or altered by such order, to be engrossed and executed by the necessary parties, and afterwards be binding on all parties interested in the lands exchanged: provided, that before making final order the judge may institute further inquiry.
S. 21. Barrister shall further certify in what proportions the costs and charges ought to be borne; and the judge shall make an order for payment as he may think right: in case of disagreement respecting the amount of costs, such costs shall be taxed by the master or secondary of the King's Bench.
S. 22. Provides for remuneration to the barrister.
S. 23. If a party under disability' shall be entitled to money to be paid for equality of exchange, the money (if exceeding 201.) shall be paid into the Bank of England, in the name of the accountant general, to be placed
In the printed copy of this act the words “ shall be under any disability, the money directed to be paid,” or words to that effect, seem to be omitted. vol. XII.