No. 5.

new Leases.

or her Guardian or Guardians, Committee or Committees, of his Estate, in his, her, or their Name or Names, by the Direction of the 11 G. 1. c 20. Lord High Chancellor of Great Britain, or the Lord Keeper or Lords Commissioners of the Great Seal of Great Britain for the Time being, signified by an Order made on hearing all Parties concerned, upon Petition, in a summary Way, from Time to Time, to accept of a Surrender or Surrenders of such Lease or Leases; and to make and exe- may accept of Sur cute to any Person or Persons, Bodies Politic, or Corporate or Colle- renders, and make giate, Aggregate or Sole, a new Lease or Leases of the Premises comprised in such Lease or Leases so to be surrendered by Virtue of this Act, for and during such Number of Lives, or for such Term or Terms of Years, determinable upon such Number of Lives, or før such Term or Terms of Years, determinable upon such Number of Lives, or for such Term or Terms of Years absolute, as was or were mentioned or contained in such Lease or Leases so surrendered, at the making thereof, or otherwise, as the Lord High Chancellor of Great Britain, or the Lord Keeper or Lords Commissioners of the Great Seal of Great Britain for the Time being, by any such Order, so to be obtained as aforesaid, shall direct.

II. And be it further enacted and declared by the Authority Leaves valid and aforesaid, That all and every such Lease or Leases so to be made or effectual. executed as aforesaid, shall be and be deemed as good and valid, and effectual in the Law, to all Intents and Purposes, as if such Lunatic was at the Time of making or executing thereof of sane Mind, and had executed the same in his or her own proper Person; any Thing in this Act, or any former Law, to the contrary thereof in any wise notwithstanding.

Premiums to go

III. Provided always, and be it further enacted by the Authority aforesaid, That all Fines, Premiums, Foregifts, and Sums of Money, to the Guardians which shall or may be had, received, or paid for, or on Account of the of Lunatics. Renewing of any such Lease or Leases as aforesaid, shall (after a Deduction of all necessary incident Charges and Expences) be paid to the Guardian or Guardians, Committee or Committees, of the said Lunatic, and be applied and disposed of for the Benefit of such Lunatic, in such Manner as the Lord High Chancellor of Great Britain, or the Lord Keeper or Lords Commissioners of the Great Seal of Great Britain, shall direct: But, upon the Death of such Lunatic or Luna- Lunatics, Money tics, all such Sum and Sums of Money as shall arise by such Fines, arising by such Premiums, or Foregifts, or so much as shall remain unapplied for the dered real Estate, Benefit of such Lunatic or Lunatics, at his, her, or their Death, shall, unless, &c. as between the Representatives of the Real and Personal Estates of all such Lunatics, be considered as Real Estate, unless such Lunatic or Lunatics shall be Tenant for Life only; and then the same shall be considered as personal Estate.

No. 6.

43 George III. c. 75.-An Act to authorize the Sale or Mortgage of the Estates of Persons found lunatick by Inquisition, in England or ireland respectively; and the granting of Leases of the same. [4th July, 1803.]

HEREAS Injury frequently happens to Persons found

On Death of

Fines to be consi

W lunaticks great unsound Mind, and incapable of managing 43 G. III. c. 75.

their Affairs, by Inquisitions taken in England and Ireland respectively, and the Creditors of such Persons are delayed in obtaining Payment of their Demands, for Want of sufficient Power to apply

No. 6.

43 G. III. c. 75.

cellor of the Uni

Persons & Estates

the Property of such Persons in Discharge of their Debts and Engagements: And whereas the Care and Commitment of the Custody of the Persons and Estates of Persons so found lunatick or of unsound Mind, have been usually entrusted, by Virtue of the King's Sign Manuel, to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal of the United Kingdom and of Ireland respectively, and it would be Beneficial to such Per'sons and their Creditors if Power were given to dispose of their Pro'perty, for Payment of their Debts, and Performance of their Engagements, under the Controul of such Chancellor, Keeper, and Commissioners in England and Ireland respectively;' be it therefore 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 it shall and may be lawful for the Lord Chancellor, The Lord Chan Lord Keeper, or Lords Commissioners for the Custody of the Great ted Kingdom and Seal of the United Kingdom and of Ireland respectively, being of Ireland, being entrusted by Virtue of the King's Sign Manual, with the Care and entrusted with the Commitment of the Custody of the Persons and Estates of Persons of Lunaticks, may found lunatick or of unsound Mind, and incapable of managing their order the Freehold Affairs, by Inquisition taken in England and Ireland respectively, to tates of such Per- order the Freehold and Leasehold Estate of such Persons respectively sons to be sold or to be sold, or charged and incumbered by Way of Mortgage or othercharged by Mort- wise, as shall be deemed most expedient for the Purpose of raising Money for the Pay. such Sum or Sums of Money as shall be necessary for Payment of the Debts, Debts, and for performing the Contracts or Engagements of any such Persons respectively, and the Costs and Charges attending the same, and attending such Sale, Mortgage, or Incumbrance respectively, and to direct the Committee or Committees of the Estate of such Persons respectively to execute in the Name and on Behalf of such Persons respectively Conveyances of the Estates so to be sold, mortgaged, or incumbered, and to procure such Admittance to and make such Surrenders of the Copyhold Estates of such Persons found lunatick or of unsound Mind, and to do all such Acts as shall be necessary to effectuate the same, in such Manner as such Chancellor, Keeper, or Commissioners of the Great Seal of the United Kingdom and of Ireland respectively shall direct; which Conveyances so to be made in pursuance of any such Order aforesaid, shall be as good and effectual in Law as if the same had been executed by every such Person so found lunatick or of unsound Mind respectively, when in his or her sound Mind.

and Leasehold Es.

gage, for raising

ment of

&c.

II. And be it further enacted, That in Case there shall be any Application of Surplus of Money to be raised by any such Sale as aforesaid, after Surplus. answering the Purposes aforesaid, the same shall be applied and disposed of in the same Manner as the Estate sold would have been applied if this Act had not been made.

The Power of leasing Lands, &c.

of Lunaticks hav

III. And whereas many Persons so found lunatick, or of unsound Mind, may be seised and possessed of Freehold and Copyhold Lands, Tenements, and Hereditaments, either for the Term of their natural Lives, or for some other Estate, with Power of granting only a limiting Leases and taking Fines, reserving small Rents ou such Leases for one, two, or three Lives, in Possession or Reversion, or for by the Committee some Number of Years determinable upon Lives, or for Terms of of the Estate of Years absolutely;' be it enacted, That in every such Case all and der the Direction every Power of leasing such Lands, Tepenients, and Hereditaments, of the Chancellor which is or shall be vested in such Person so found lunatick or of

ed Estate therein,

may be executed

such Person. un.

unsound Mind, having a limited Estate only, shall and may be executed by the Committee or Committees of the Estate of such Person, under the Direction and Order of the Lord Chancellor, Lord

No. 6.

Keeper, or Lords Commissioners for the Custody of the Great Seal of the United Kingdom and of Ireland respectively, being duly entrusted, 43 G. III. c. 75, by Virtue of the King's Sign Manual, with the Care and Commitment of the Custody of the Persons and Estates of such Persons; and such Lease or Leases so to be executed by the said Committee and Committees, under and by Virtue of such Order, shall be as good and effectual in Law as if the same were executed by the said Person so found lunatick or of unsound Mind, in his or her sound Mind.

Where Lunaticks

Estates in Fee or

tates, the Chan

the Committee of

IV. And whereas Persons so found lunatick or of ansound Mind may be seised or possessed of, and entitled to, Freehold or are seised of FreeCopyhold Estates in Fee or in Tail, and an absolute Interest in hold or Copyhold Leasehold Estates, and it may be for the Benefit of such Persons in Tail, and an that Leases or Under-Leases should be made of such Estates for absolute Interest Terms of Years, and especially to encourage the Erection of Build-in Leasehold Esings thereon, or repairing Buildings actually being thereon, or cellor may direct otherwise improving the same; be it enacted, That it shall and may the Estate to make be lawful for the Lord Chancellor, Lord Keeper, or Lords Commis- Leases thereof. sioners for the Custody of the Great Seal of the United Kingdom and of Ireland respectively, intrusted by Virtue of the King's Sign Manual with the Care and Commitment of the Custody of the Persons and Estates of such Persons respectively, to order and direct a Committee or Committees of the Estate of such Lunatick, to make such Leases of the Freehold, Copyhold, or Leasehold Estates of such Persons respectively, according to his or her Interest therein respectively, and to the Nature of the Tenures of such Estates respectively, for such Term or Terms of Years, and subject to such Rents and Covenants, as the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal of the United Kingdom and of Ireland respectively, intrusted as aforesaid, shall direct; and that all and every such Lease or Leases made by such Committee or Committees, under and by Virtue of the said Order, as such Lord Chancellor, Lord Keeper, or Lords Commissioners respectively shall make thereupon, shall be as good and valid in the Law as if the same had been executed by the Persons so found lunatick or of unsound Mind respectively, in his or her sound Mind.

Acts of Commits under this

V. And be it further enacted, That all and every Act to be done by such Committee or Committees of the Estate of such Lunatick, tees under and by Virtue of this Act, and the Order of the Lord Chan- Act shall be bindcellor, Lord Keeper, or Lords Commissioners of the Great Seal of the ing. United Kingdom and of Ireland respectively, intrusted as aforesaid, shall be as valid and binding against the said Persons so found lunatick and of unsound Mind respectively, and all Persons claiming by, through, or under him or her respectively, as if the Persons so found lunatick or of unsound Mind respectively, had been in his or her sound Mind, and had personally done such Act or Acts respectively.

Act shall not sub

than

fit of Lunaticks.

VI. Provided nevertheless, and be it enacted, That Nothing in this Act contained shall extend, or be construed to extend, to subject ject Estates of Lu any Part of the Freehold, Copyhold, or Leasehold Estates of any ticks to Debts Person found lunatick or of unsound Mind, to the Debts or Demands otherwise they are now subof his Creditors, otherwise than as the same are now subject or liable, ject by Law, but by due Course of Law; but only to authorize the Lord Chancellor, shall be applied Lord Keeper, or Lords Commissioners for the Custody of the Great only for the Bene Seal of the United Kingdom and of Ireland respectively, being intrusted by Virtue of the King's Sign Manual, with the Care and Commitment of the Custody of the Persons and Estates of Persons so found lunatick or of unsound Mind, to make Order in such Cases as are herein before mentioned, when the same shall be deemed for the Benefit and Advantage of such Person so found lunatick or of unsound Mind, and incapable of managing his or her Affairs.

PART II. CLASS VII.

FRAUDULENT CONVEYANCES. *

No. 1.

50 Edward III. c. 6.-Fraudulent Assurances of Lands or Goods, to deceive Creditors, shall be void.

50 Edw. II. c. 6. " TEM, Because that divers

No. 2.

2 Richard II. Stat. 2, c. 3.-Fraudulent Deeds made by Debtors to avoid their Creditors, shall be void.

50 Ed. 3, c. 6, [The Statute relates to Persons taking Sanctuary in Places privileged

by the Church ]

• See Note at the End of the Class.

No. 3.

3 Henry VII. c. 4.-All Deeds of Gift made to defraud Creditors shall be void.

ITEM, That where oftentimes Deeds of Gift of Goods and Chat- 3H. VIII. c. 4.

tels have been made, to the Intent to defraud their Creditors of

their Duties, and that the Person or Persons that maketh the said 50 Ed. 3, c. 6. Deed of Gift goeth to Sanctuary, or other Places privileged, and 2 R. 2, stat. 2, 'occupieth and liveth with the said Goods and Chattels, their Credi- c. 3. 'tors being unpaid: It is ordained. enacted, and established by the Assent of the Lords Spiritual and Temporal, and at the Request of the Commons in the said Parliament assembled, and by Authority of the same, That all Deeds of Gift of Goods and Chattles made or to be made of Trust, to the Use of that Person or Persons that made the same Deed of Gift, he void and of none Effect.

་

No. 4.

13 Elizabeth, c. 5.-An Act against fraudulent Deeds, Alienations, &c.

FOR the Avoiding and Abolishing of feigned, covinous and frau

dulent Feoffments, Gifts, Grants, Alienations, Conveyances,

13 Eliz. c. .

Fraudulen Deeds

the Penalties of

Bonds, Suits, Judgments and Executions, as well of Lands and 3 H.7, c. 4. Tenements as of Goods and Chattels, more commonly used and made to avoid the practised in these Days than hath been seen or heard of heretofore: Debts of others Which Feoffments, Gifts, Grants, Alienations, Conveyances, Bonds, shall be void, and Suits, Judgments and Executions, have been and are devised and the Parties to such contrived of Malice, Fraud, Covin, Collusion or Guile, (1) to the fraudulent AssuEnd, Purpose and Intent, to delay, hinder or defraud Creditors and rances others of their just and lawful Actions, Suits, Debts, Accounts, Damages, Penalties, Forfeitures, Heriots, Mortuaries and Reliefs, not only to the Let or Hindrance of the due Course and Execution of Law and Justice, but also to the Overthrow of all true and plain Dealing, Bargaining and Chevisance between Man and Man, without the which no Commonwealth or civil Society can be maintained or ⚫ continued.'

2 Bulstr. 218.

II Be it therefore declared, ordained and enacted by the Autho- All fraudulent rity of this present Parliament, That all and every Feoffment, Gift, to avoid the Debt conveyances made Grant, Alienation, Bargain and Conveyance of Lands, Tenements, or Juty of others Hereditaments, Goods and Chattels, or of any of them, or of shall be void any Rast. 207. Lease, Rent, Common or other Profit or Charge out of the same 27 El. c. 4. Lands, Tenements, Hereditaments, Goods and Chattels, or any of 2 Leon. 9, 223. them, by Writing or otherwise, and ali and every Bond, Suit, Judg- 2 Roll. 493. ment and Execution, at any Time had or made sithence the Begining Latch. 222. of the Queen's Majesty's Reign that now is, or at any Time hereafter Dyer, 295, 350. to be had or made, to or for any Intent or Purpose before declared and 3 Coke, 80 expressed, shall be from henceforth deemed and taken (only as against 5 Co. 60. 8 Co. that Person or Persons, his or their Heirs, Successors, Executors, Ad 171. 9 Co. 108. Co. Lit. 76, a.

(1) The Confessing Judgment to a particular Creditor for a large Sum 1 Leon. 47,308. beyond his Debt, with a Defeasance that Execution should only issue for the Hob. 72. Amount of the Debts due to all the Creditors, to whom a rateable Distribution Cro. El. 810. should be made, is not fraudulent within the Statute, although it may have Bac. V. 2--601. the Effect of depriving a particular Creditor of Part of his Debt.-Meux v. Vin.V.13--533. Howell, 4 E. 1,

10 Co. 56.