No. 24. 6 Anne, c. 18. Party so conceal to be dead, and Claiment may enter on Land, &c. ed to be taken On Affidavit that l'ersous to view such Minor, &c. Minor, married Woman, or other Person is dead, and that his or her Death is concealed by such Guardian, Trustee, Husband, or any other Person, shall and may once a Year, if the Person aggrieved shall think fit, move the Lord Chancellor, Keeper, or Commissioners for the Custody of the Great Seal of Great Britain for the Time being, to order, and they are hereby authorized and required to order such Guardian, Trustee, Husband, or other Person, concealing or suspected to conceal such Person, at such Time and Place as the said Court shall direct, on personal or other due Service of such Order, to produce and shew to such Person and Persons, (not exceeding two) as sball in such Order be named by the Party or Parties prosecuting such Order, such Minor, married Woman, or other Persons aforesaid; and if such Guardian, Trustee, Husband, or such other Person, as aforesaid, shall refuse or neglect to produce or shew such Infant, married Woman, or such other Person, on whose Life any such Estate doth depend, according to the Directions of the said Order, That then the Court of Chancery is hereby authorized and required to order such Guardian, Trustee, Husband, or other Person, to produce such Minor, married Woman, or other Person concealed, in the said Court of Chancery, or otherwise before Commissioners to be appointed by the said Court, at such Time and Place as the Court shall direct, two of which Commissioners shall be nominated by the Party or Parties prosecuting such Order, at his, her, or their Costs, and Charges; and in case such Guardian, Trustee, Husband, or other Person, shall refuse or neglect to produce such Infant, married Woman, or other Person so concealed, in the Court of Chancery, or before such Commissioners, whereof Return shall be made by such Commissioners, and that Return filed in the Petty Bag Office, in either or any of the said Cases, the said Minor, married Woman, or such other Person so concealed, shall be taken to be dead, and it shall be lawful for any Person claiming any Right, Title, or Interest, in Remainder or Reversion, or otherwise, after the Death of such Infant, married Woman, or such other Persons so concealed, as aforesaid, to enter upon such Lands, Tenements, and Hereditaments, and Hereditaments, as if such Infant, married Woman, or other Person so concealed, were actually dead. II. And be it further enacted by the Authority aforesaid, That if Minor, &c. is be- it shall appear to the said Court by Affidavit, that such Minor, maryond Sea. Claim- ried Woman, or other Person, for whose Life such Estate is holden, is, ant may send over or lately was at some certain Place beyond the Seas in the said Affidavit to be mentioned, it shall and may be lawful for the Party or Parties prosecuting such Order, as aforesaid, at his, her, or their Costs and Charges, to send over one or both the said Persons appointed by the said Order, to view such Minor, married Woman, or other Person, for whose Life any such Estate is holden; and in case such Guardian, Trustee, Husband, or other Person concealing or suspected to conceal such Persons as aforesaid, shall refuse or neglect to produce or procure to be produced to such Person or Persons, a personal View of such Infant, married Woman, or other Person, for whose Life any such Estate is holden, That then and in such Case such Person or Persons are hereby required to make a true Retorn of such Refusal or Neglect to the Court of Chancery, which Return shall be filed in the Petty Bag Office, and thereupon such Minor, married Woman, or other Person, for whose Life any such Estate is holden, shall be taken to be dead; and it shall be lawful for any Person claiming any Right, Title, or Interest, in Remainder, Reversion, or otherwise, after the Death of such Infant, married Woman, or other Person, for whose Life any such Estate is holden, to enter upon such Lands, Tenements, and Hereditaments, as if such Infant, married Woman, or other Person, for whose Life any such Estate is holden, were actually dead No. 24. 6 Anue, c. 18. If Infant, &c. III. Provided always, That if it shall afterwards appear upon Proof, in any Action to be brought, that such Infant, married Woman, alive, after O: der or other Person, for whose Life any such Estate is holden, were alive made, such Infant, at the Time of such Order made, That then it shall be lawful for such &c. may re-enter. Infant, married Woman, Guardian, or Trustee, or other Person having any Estate or Interest, determinable upon such Life, to reenter upon the said Lands, Tenements, or Hereditaments, and for such Infant, married Woman, or other Person, having any Estate or Interest determinable upon such Life, their Exsecutors, Administrators, or Assigns, to maintain an Action against those who, since the said Order, received the Profits of such Lands, Tenements, or Hereditaments, or their Executors, or Administrators, and therein to recover full Damages for the Profits of the same received, from the Time that such Infant, married Woman, or other Person, having any Estate or Interest determinable upon such Life, were ousted of the Possession of such Lands, Tenements, or Hereditaments. prove that he hath pear, and that he IV. Provided always, That if any such Guardian, Trustee, Husband, or other Person or Persons, holding or having any Estate or If Guardian, &c. Interest determinable upon the Life or Lives of any other Person or used his EndeaPersons, shall by any Affidavit or otherwise, to the Satisfaction of the vours to procure said Court of Chancery, make appear, That he, she, or they have such Infant to ap used, his, her, or their utmost Endeavours to procure such Infant, was then living, married Woman, or other Person or Persons, on whose Life or Lives &c. such Estate or Interest doth depend, to appear in the said Court of Chancery, or elsewhere, according to the Order of the said Court in that Behalf inade, and that he, she, or they cannot procure or compel such Infant, married Woman, or other Person or Persons so to appear, and that such Infant, married Woman, or other Person or Persons, on whose Life or Lives such Estate or Interest doth depend, is, are, or were living at the Time of such Return made and filed as aforesaid, then it shall be lawful for such Person or Persons to continue in the Possession of such Estate, and receive the Rents and Profits thereof for and during the Infancy of such Infant; and the Life or Lives of Guardian to consuch married Woman, or other Person or Persons, on whose Life or tinue in PossesLives such Estate or Interest doth or shall depend, as fully as he, she, tion. or they might have done if this Act had not been made. ed Trespassers. V. And be it further enacted by the Authority aforesaid, That every Person who, as Guardian or Trustee for any Infant, and every Guardian. &c. holding Estates, Husband seized in Right of his Wife only, and every other Person after Determinahaving any Estate determinable upon any Life or Lives, who after the tion of Life of Determination of such particular Estates or Interests, without the Minor, &c. adjudg express Consent of him, her, or them, who are or shall be next and immediately intitled upon and after the Determination of such particular Estates or Interests, shall hold over and continue in Possession of any Manors, Messuages, Lands, Tenements, or Hereditaments, shall be and are hereby adjudged to be Trespassers; and that every Heirs, &c. may Person and Persons, his, her, and their Executors, and Administrators, recover Damages. who are or shall be entitled to any such Manors, Messuages, Lands, Tenements, and Hereditaments, upon or after the Determination of such particular Estates or Interests, shall and may recover in Damages against every such Person or Persons so holding over as aforesaid, and against his, her, or their Executors, or Administrators, the full Value of the Profits received during such wrongful Possession as aforesaid. No. 25. 7 Anne, c. 18.-An Act to preserve the Rights of Patrons to Advowsons. [Inserted Part I. Class II. No. 17.] 1 9 Geo. I. c. 29. Feme Coverts and No. 26. 9 George I. c. 29.*-An Act to enable Lords of Manors more easily to recover their Fines, and to exempt Infants and Femes Covert from Forfeitures of their Copyhold Estates in particular Cases. WH HEREAS some Doubts have arisen in the Law concerning the Power of Lords of Manors in that Part of Great Britain called England, and the Dominion of Wales, to seize the Copyhold Lands, Tenements, and Hereditaments, Parcel of their Manors, on the Neglect or Refusal of Persons to come in, and be admitted Tenants of the same:' Therefore for ascertaining the Law, and providing a reasonable and proper Remedy for the Lords of Manors to compel the Admission of their Tenants; Be it 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 where any Person or Persons, being under the Age of One and Twenty Years, or Feme or Femes Covert, shall, from and after the Twenty-fourth Day of June, One Thousand Seven Hundred and Twenty-three, be entitled, by Descent, or Surrender to the Use of a Last Will, to be admitted Tenant or Tenants of any Copyhold Messuages, Lands, Tenements or Hereditaments, within that Part of Great Britain called England, or the Dominion of Wales, they the said Infants or Femes mitted to Copy Covert not having been admitted thereto, and not having paid their hold Estates by Fines, every such Infant or Feme Covert, in their proper Persons, or such Feme Covert by her Attorney, or such Infant by his or her Guardian or Guardians, if he or she shall have any such; and in Case he or she shall have no Guardian or Guardians, then by his or her Attorney or Attorneys (for which Purpose such Infants and Femes Covert shall be and are hereby impowered, by Writing under his or her Hand and Seal respectively, to appoint an Attorney or Attorneys on his or her Behalf,) shall come to, and appear at, one of the three next Courts which shall be kept (for the keeping whereof the usual Notice shall be given) for such Manor or Manors, whereof such Messuages, Lands, Tenements or Hereditaments, shall be Parcel, and shall there tender and offer themselves to the Lord or his Steward of such Courts, to be admitted Tenants to all and every the said Messuages, Lands, Tenements and Hereditaments so surrendered, descended or come to or to the Use of every such Infant or Feme Covert: To make which Appearance, and to take such Admittance in Behalf of such Infant or Feme Covert, such Guardian and Attorney shall be, and they are hereby respectively authorized and required. And in Default of the Appearance of such Infants or Femes Covert in their own Persons, or by their Guardians or Attorneys in tha Behalf, and of Acceptance of such Admittance as aforesaid, it shalj their Attorney or Guardian. * Vide Evelyn v. Chichester, 3 Burr. 1717. and may be lawful to and for the Lord or Lords of every such Manor and Manors, or his and their Steward and Stewards of the Courts thereof, after such three several Courts have been duly holden for such Manor or Manors, and Proclamations in such several Courts been regularly made, to nominate and appoint at any subsequent Court or Courts, to be holden for such Manor or Manors, any fit Person to be Guardian or Attorney for every such Infant or Feme Covert for that Purpose only, and by such Guardian or Attorney, to admit every such Infant or Feme Covert to all and every the said Messuages, Lands, Tenements and Hereditaments, according to such Estates as such Infants or Femes Covert shall be legally entitled to therein; and upon every such Admittance, to impose and set such Fine and Fines, as might have been legally imposed and set, if such Infant so admitted had been of full Age, or if such Feme Covert had been sole and unmarried. verts, &c. in what ter and receive the Satisfied, &c. II. And be it further enacted by the Authority aforesaid, That upon every such Admittance or Admittances of any Infant or Feme Fines of Feme CoCovert as aforesaid, the Fine or Fines imposed and set thereupon, Manner demandshall and may be demanded by the Bailiff or Agent of the Lord or able. Lords of such Manors, by a Note in Writing signed by the Lord of such Manor, or by his Steward, to be left with such Infant or Feme Covert, or with the Guardian of such Infant, or Hushand of such Feme Covert, or with the Tenant or Occupier of the Messuages, Lands or Tenements, to which such Infant or Feme Covert was ad- If not paid, &c. mitted; and that if in such Case the said Fine or Fines, so imposed the Lord may en and set, be not paid or tendred to such Lord or Lords, or to his of Profits of the Cotheir Steward or Stewards, within three Months after such Demand pyhold till he is made, that then it shall and may be lawful to and for the Lord or Lords of such Manor or Manors, where such Admittance or Admittances are had, to enter into and upon all and every the Copyhold Messuages, Lands, Tenements and Hereditaments, to which any such Infant or Feme Covert shall be so admitted, and to hold and enjoy the same, and to receive the Rents, Issues and Profits thereof, but without Liberty to fell any Timber standing thereon, for so long Time only and until by such Rents, Issues and Profits, such Lord or Lords shall be fully paid and satisfied such Fine and Fines, together with all reasonable and necessary Costs and Charges, which such Lord or Lords shall have been put unto in levying and raising the same, and in obtaining the Possession of such Copyhold Messuages, Lands, Tenements and Hereditaments, although such Infant or Feme Covert shall happen to die before such Fine and Fines, and the Costs and Charges aforesaid, shall be raised and collected; of all which Rents, The Lord to ac Issues and Profits, so to be received by such Lord or Lords of such count yearly. Manor or Manors, or his or their Stewards, Bailiffs or Servants, upon the Occasion aforesaid, such Lord or Lords of such Manor or Manors, shall yearly and every Year, upon Demand to be made by such Person or Persons, who shall be intitled to the Surplus of the Rents and Profits, over and above what will pay and satisfy such Fine and Costs and Charges so received as aforesaid, or by such Person or Persons, as shall be then intitled to such Copyhold Estate, give and render a just and true Account, and shall pay the said Surplus Rents, Issues and Profits, if any, to such Person and Persons, as shall be respectively intitled to the same. III. And it is hereby further enacted by the Authority aforesaid, That as soon as such Fine or Fines, and the Costs, Charges and Expences aforesaid, shall be fully paid and satisfied, or if after such Seizure of, and Entry upon such Copyhold Lands, Tenements or Hereditaments, for the Purposes aforesaid, such Fine or Fines, and the Costs and Charges aforesaid, shall be lawfully tendred and offered No. 26. 9 Geo. I. c. 29. up Possession on to be paid and satisfied to the Lord or Lords of such Manor or Manors, that then in any of the said Cases it shall and may be lawful to and for such Infant or Feme Covert, or other Person intitled thereto, to enter upon, and take Possession of, and hold the said Copyhold Premises, according to such Estate or Interest, as he or she shall be lawfolly intitled to therein; and the Lord and Lords of such Manor or And shall deliver Manors shall, and is and are hereby required, in any of the said Cases, Satisfaction of the to deliver Possession thereof accordingly; and if such Lord or Lords of such Manor, after such Fine or Fines, and the Costs and Charges aforesaid, shall be fully paid and satisfied, or after the same shall have been tendred or offered to be paid as aforesaid, shall refuse to deliver the Possesion of the said Copyhold Premises as aforesaid, he or they shall be liable to, and shall make Satisfaction to the Person or Person's so kept out of Possession, for all the Damages that he or she shall thereby sustain, and all the Costs and Charges that he or she shall be put unto for Recovery thereof. Fiues. IV. And be it further enacted by the Authority aforesaid, That where any Infant or Feme Covert shall be admitted to any Copyhold Messuages, Lands, Tenements or Hereditaments, if the Guardian of such Infant, or Husband of such Feme Covert, shall pay to the Lord or Lords of any Manor or Manors, the Fine or Fines legally imposed and set upon such Admittance or Admittances, and the Costs and Charges which such Lord of such Manors shall have been put unto as Guardians or aforesaid; that then it shall and may be lawful to and for every Husbands paying Guardian of such Infant, or Husband of such Feme Covert, their Fines, may reimburse themselves Executors and Administrators, to enter into, and to hold and enjoy all out of the Rents and every the said Copyhold Messuages, Lands, Tenements and Hereof the Copyhold. ditaments, to which such Infant or Feme Covert shall be so admitted, and the Rents, Issues and Profits thereof to receive and take to his and their own Use, until thereby such Guardian of such Infant, or Husband of such Feme Covert, their Executors and Administrators, shall be fully satisfied and paid all and every such Sum and Sums of Money, as they shall respectively pay and disburse upon the Account aforesaid, notwithstanding the Death or Deaths of such Infants or Femes Covert shall happen before such Sum or Sums of Money so expended shall or may be so raised and reimbursed. V. Provided always, and be it enacted by the Authority aforeNo Forfeiture to said, That from and after the aforesaid twenty-fourth Day of June One be incurred by Thousand Seven Hundred and Twenty-three, no Infant or Feme for not appearing, Covert shall forfeit any Copyhold Messuages, Lands, Tenements or or refusing to pay Hereditainents, within that Part of Great Britain called England, and Feme Coverts, &c Fines. the Dominion of Wales, for their Neglect or Refusal to come to any Court or Courts to be kept for any Manor or Manors, whereof such Messuages, Lands, Tenements or Hereditaments are Parcel, and to be admitted thereto, nor for the Omission, Denial or Refusal of any such Infant or Feme Covert, to pay any Fine or Fines, imposed or set upon their or any of their Admittances to any such Copyhold Messuages, Lands, Tenements or Hereditaments; any Law, Usage, or Custom to the contrary thereof notwithstanding. VI. Provided nevertheless, That if the said Fine or Fines, imposed Fines not war- in any of the Cases before mentioned, shall not be warranted by the ranted by Custom, Custom of the Manor, or shall be unlawful, that then such Infant or &c. may be con Feme Covert shall be at Liberty to controvert the Legality of such Fine or Fines, in such Manner as he or she might have done, if this Act had never been made; any Thing herein contained to the con trary. trary notwithstanding. ། |