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now having or exercising jurisdiction to grant been granted by this Act, and the said clauses, probate or administration, or other person or provisions, rules, and regulations relating persons having the custody of the documents thereto were herein repeated and specially and papers of or belonging to such Court, or enacted; s. 93. person, or body politic or corporate, shall upon receiving a requisition for that purpose from the principal registrar, and at the times and in the manner mentioned in such requisition, transmit all wills, administration bonds, notes of administration, Court books, calendars, papers, and documents appertaining exclusively to such jurisdiction, to the record keepers of the Court, to be deposited in the Testamentary Office of the Court, and to be there arranged so as to be easy of reference; s. 84.
Any Judge, registrar, or other person who shall wilfully refuse or neglect so to transmit such wills, administration bonds, notes of administration, Court books, calendars, papers, and documents, or any of them, shall be liable to a penalty of 1007., to be sued for and recovered, together with full costs of suit, in any of her Majesty's Superior Courts of Law at Westminster; s. 85.
It shall be lawful for the Lord Chancellor to cause such arrangements to be made as he shall think fit with any person, body politic or corporate, for or with respect to the temporary custody of the wills, administration bonds, notes of administration, Court books, calendars, papers, and other documents appertaining to the jurisdiction of any Court, or person, or body politic or corporate, now having or exercising jurisdiction to grant probate or administration, or for or with respect to the temporary custody of any part or portion of such documents until the same shall be required to be deposited in the Testamentary Office; s. 86.
If any person shall forge the signature of the principal registrar or any of the registrars, or shall forge or counterfeit any seal of the Court, or knowingly concur in using any such forged or counterfeit signature or seal, or shall tender in evidence any document with a false or counterfeit signature of such principal registrar or any such registrar, or with a false or counterfeit seal, knowing the same signature or seal to be false or counterfeit, every such person shall be guilty of felony, and shall upon conviction be liable to penal servitude for any term not exceeding ten years and not less than four years, or to imprisonment for any term not exceeding three years, with or without hard labour; s. 92.
Nothing in this Act contained shall affect the stamp duties now by law payable upon probates of wills and letters of administration; and all the clauses, provisions, rules, regulations, and directions contained in any Act of Parliament relating to the said duties, and to wills, probates of wills, and letters of administration, for securing the said duties, not superseded by or inconsistent with the express provisions of this Act, shall be in full force, and shall be observed, applied, and put in execution for securing the duties payable on the probates of wills and letters of administration granted under this Act, as if such duties had
The principal registrar shall, within a week after probate of any will or letter of administration shall have been granted, deliver or cause to be delivered to the Commissioners of Inland Revenue, or their proper officer, the following copies respectively; that is to say, in the case of a probate or administration with a will annexed, a copy of the will, and of the affidavit, with the schedule thereto, required by section 36 of this Act; and in the case of letters of administration without a will annexed, a copy of such affidavit and schedule; and in every case of letters of administration, a copy or extract thereof; upon payment for all such copies of such sum or sums of money or at such rate as the Lord Chancellor shall, with the approbation of the Commissioners of her Majesty's Treasury from time to time direct; s. 94.
It shall be lawful for the Lord Chancellor, by any order or orders to be from time to time made for that purpose, to order payment, at such times and in such manner as he shall think fit, out of the said fund called the "Testamentary Fee Fund Account," of all such sums as shall appear to him to be reasonable and proper to be paid for providing suitable rooms and buildings in which the business of the Court and the Testamentary Office may from time to time be carried on, and for keeping order, and for the care and cleaning of all such rooms and buildings, and for the rent, taxes. rates, insurance from fire, and other outgoings charged upon or payable for or in respect thereof, and for the enlargement, alteration, or improvement, repairs, furnishing and fitting up of the same, and for the temporary custody of such wills, administration bonds, notes of ad ministration, Court books, calendars, papers, and documents as aforesaid, and for the books and stationery which may be required for the business of the Court and the Testamentary Office and the officers thereof, and for the making, writing, printing, counting, and examining official documents and records of the Court and offices, and other copies of such documents and records, and for coals and candles and other necessary articles for the offices; s. 102.
Every probate or administration granted by the Court with respect to the effects of any person dying domiciled in England or Wales shall be as valid and effectual with respect to the personal estate of the deceased in Ireland or Scotland as with respect to his personal estate in England or Wales; and in like manner every probate or administration granted by her Majesty's Prerogative Court in Ireland with respect to the effects of any person dying domiciled in Ireland shall be as valid and effectual with respect to the personal estate of the deceased in Great Britain as with respect to his personal estate in Ireland, and every confirmation in Scotland granted with respect to the ef
Testamentary Jurisdiction Bill.
fects of any person dying domiciled in Scotland shall be as valid and effectual with respect to the personal estate of the deceased in England, Wales, or Ireland as with respect to his personal estate in Scotland: Provided always, that no person transferring any personal estate to any person claiming under any such probate, administration, or confirmation as aforesaid shall be bound to inquire into the domicile of the deceased, if the fact of such domicile shall be stated on the face of the probate, administration, or confirmation, or be in anywise affected, though the domicile of the deceased may be untruly stated therein; s. 117.
In citing this Act in other Acts of Parliament, or any instrument, document, or legal proceeding, it shall be sufficient to use the expression "The Testamentary Jurisdiction Act, 1855;" s. 118.
This Act shall not extend to Scotland or Ireland, except where expressly mentioned;
person or one of the persons] applying for probate [or administration] of the [Insert the nature of the grant, and description of the deceased], late of
1. The said A. B. died on or about the One thousand
deceased, make In the Testamentary Court. oath [In case of Quakers, solemnly affirm] Be it known, That on the and say as follows:18 the last will and testament of A. B., late of deceased, hereunto annexed, was proved and registered in the Testamentary Court, and that the administration of all and singular the goods, chattels, and credits of the said deceased, and any way concerning his will, was granted by the Court to C. D.,
day of dred and
at [Insert place of death, or set forth the reason why the same cannot be furnished].
the sole executor named in the said
2. The personal estate and effects of the said deceased which he any way died possessed of or entitled to, and for or in respect of which will, he having been already sworn well and probate [or administration] is to be granted, faithfully to administer the same, and to make exclusive of what the said deceased may have a true and perfect inventory of all and singular been possessed of or entitled to as a trustee for the goods, chattels, and credits, and to exhibit any other person or persons, and not bene- the same into the Testamentary Office of the ficially [Insert as to leasehold estates, if said Court on or before the any], and without deducting anything on account of the debts due and owing from the said deceased, are under the value of pounds, to the best of my knowledge, information, and belief [If no leasehold estates, insert so here].
day of true account thereof. 18, and also to render a just and Sworn under £ that the testator died at in the county of
on the 18
Form of Letters of Administration.
3. The Schedule hereunto annexed, to which I have set and subscribed my name, contains, to the best of my knowledge, information, and belief, the nature and description of the said In the Testamentary Court. personal estate and effects.
granted by the Testamentary Court to C. D.,
18 and also to render a just
and true account thereof.
that the intestate died at
to explain and enlarge the power of the Lord Chancellor, intrusted as aforesaid, in the matter aforesaid: Be it therefore enacted as follows:
1. Where a lunatic is seised of or entitled to land in tail, and it appears to the Lord Chancellor, intrusted as aforesaid, to be for his benefit, the Committee of the estate may in the name and on behalf of the lunatic, under order of the Lord Chancellor, intrusted as aforesaid, make any such leases of the land or any part thereof as in the said section of the said Act are mentioned, and every such lease shall be (L.S.) good and effectual in law against the lunatic and his heirs, and all persons claiming the lands entailed by force of any estate tail which shall be vested in such lunatic, and also against all persons, including the Queen's most excellent Majesty, her heirs and successors, whose
NEW STATUTES EFFECTING ALTE
LUNACY REGULATION ACT, 1853, AMEND- estates are to take effect after the determination
18 VICT. c. 13.
Lord Chancellor, in matters of lunacy, enabled to empower Committees of estates to grant leases binding on issue or remainder-men; s. 1.
Interpretation; s. 2.
of or in remainder or reversion expectant upon such estate tail, according to such estate as is comprised and specified in every such lease, in like manner as the same would have been good and effectual in law if the lunatic at the time of the making of such leases had been lawfully seised of the same lands comprised in such lease of a pure estate in fee simple to his own use, and had been of sound mind, and not the subject of a Commission of lunacy,
The following are the Title and Sections and had himself granted such lease; and every of the Act :
person to whom from time to time the reverAn Act to explain and amend the Lunacy Re-after the death of the lunatic shall and may sion expectant upon the lease shall belong gulation Act, 1853. [26th April, 1855.] have such and the like remedies and advanWhereas by the section numbered 129 of an tages, to all intents and purposes, against the Act passed in the 16 & 17 Victoria, entituled lessee, his executors, administrators, and as"An Act for the Regulation of Proceedings signs, as the lunatic or his Committee would under Commissions of Lunacy, and the Con- or might have had against him or them: And solidation and Amendment of the Acts respect- the powers given by sections numbered 130 ing Lunatics so found by Inquisition, and their and 131 of the said recited Act shall and are Estates," it was enacted, that where a lunatic to operate as extensively as the power given is seised or possessed of or entitled to land in by the said section 129 of the said Act as exfee or in tail, or to leasehold land for an abso-plained and enlarged by this Act. lute interest, and it appears to the Lord Chan- 2. Where any of the expressions in this Act cellor, intrusted as in the said Act mentioned, are used in the said recited Act they shall reto be for his benefit that a lease or under-lease ceive the same interpretation in this Act as by should be made thereof for terms of years, for the said recited Act is imposed upon them. encouraging the erection of buildings thereon, or for repairing buildings actually being thereon, or otherwise improving the same, or for farming or other purposes, the Committee of the estate may, in the name and on behalf of the lunatic, under order of the Lord Chancellor, intrusted as aforesaid, make such leases of the land or any part thereof, according to the lunatic's estate and interest therein, and to the nature of the tenure thereof, for such term or terms of years, and subject to such rents and covenants, as the Lord Chancellor, intrusted as aforesaid, shall order: And whereas it has been considered that the Lord Chancellor, intrusted as aforesaid, cannot by force of the said enactment empower the Committee of a lunatic tenant in tail to grant leases as extensively as was intended by the said enact- Whereas the Inclosure Commissioners for ment, which will bind his issue in tail and the England and Wales have, in pursuance of remainder-men: And whereas it is expedient "The Acts for the Inclosure, Exchange, and
COMMONS INCLOSURE. 18 VICT. C. 14. Inclosures mentioned in schedule may be proceeded with; s. 1. Short title; s. 2.
The following are the Title and Sections of the Act:
An Act to authorise the Inclosure of certain
New Statute's effecting Alterations in the Law.-Law of Attorneys and Solicitors.
Improvement of Land," issued their provisional orders for and concerning the proposed inclosures mentioned in the Schedule to this Act, and have in their Tenth Annual General Report certified their opinion that such inclosures would be expedient; but the same cannot be proceeded with without the previous authority of Parliament: Be it enacted, as follows:
1. That the said several proposed inclosures mentioned in the Schedule to this Act be proceeded with.
2. In citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use either the expression "The Annual Inclosure Act, 1855," or "The Acts for the Inclosure, Exchange, and Improvement of Land."
LAW OF ATTORNEYS AND SO-
TAXATION OF BILL, WHERE SPECIAL
22nd June, 1854.
22nd June, 1854.
13th July, 1854.
17th January, 1854.
25th January, 1855.
The petitioner insisted, that the respondent was only entitled to charge costs out of pocket, and he presented a petition for taxation on the footing of the above undertaking, and specifying items of alleged overcharge. The respondent, by his affidavit, denied that any part of the business in the bill of costs had been transacted upon the footing of the undertaking of 1849, but on the contrary, under the belief, impression, and understanding that he was to be paid in the usual way, as he said, Lyddon had promised him.
THIS was a petition for the taxation of bill of costs presented by Mr. Lyddon, who had been formerly a solicitor, but had retired in 1844. It appeared that in 1849, he employed Mr. Ransom, a solicitor, who succeeded him in business, and that on January 29, 1849, Mr. Ransom had signed the following undertaking:-"Doe d. SharThe Master of the Rolls said-" I think land v. Roe, Richard Lyddon and others that the proper order to be made in this case I hereby undertake and agree to charge is the common order to tax the respondent's you only the different sums of money paid out of pocket by me in the above actions, or in any other business in which I may be concerned for you, provided you are unable to recover the proper costs in the above actions, or in any other business in which I may be concerned for you."
In 1853, the respondent had transacted some business for the petitioner, for which, in December, 1853, he delivered his bill of costs, amounting to 1127.
bill of costs, reserving all the costs. I intend to express no opinion whether the Master ought to regard this agreement at all, or what construction he ought to put upon it. I cannot but feel there is a good deal of obscurity in the decisions on this subject; and I think it extremely desirable that the law upon it should be clear and distinct. I shall reserve the costs of taxation until the Master has made his certificate." In re Ransom, 18 Beav. 220.
INFANTS' MARRIAGE SETTLEMENTS. | settlement of all or any part of his or her property, whether real or personal, and whether THE following is the Bill introduced by Mr. in possession, reversion, remainder, or exMalins to enable infants, with the approbation pectancy; and every conveyance and assignof the Court of Chancery, to make binding set- ment of such real or personal estate, or contlements of their real and personal estate on tract to make a conveyance or assignment marriage. It recites that great inconveniences thereof, executed by such infant, with the apnd disadvantages arise in consequence of per-probation of the said Court, for the purpose of sons who marry during minority being incapable of making binding settlements of their property: for remedy whereof it is proposed that
1. From and after the passing of this Act it shall be lawful for every infant upon or in contemplation of his or her marriage, with the sanction of the Court of Chancery, to make a valid and binding settlement or contract for a
giving effect to such settlement, shall be as valid and effectual as if the person executing the same were of the full age of 21 years.
2. The sanction of the Court of Chancery to any such settlement or contract for a settlement may be given, upon petition presented by the infant or his or her guardian, in a summary way, without the institution of a suit.
Blincow, Valentine Budd, Pentonville; Leamington-priors; and Burton-latimer
Booth, John, jun., 15, Oxford-terrace, Old Kentroad; Arthur-street; and Sherburn-grange Brennan, John, 51, Devonshire-street, Portlandplace
Brooke, Richard Arnaud, 16, Tavistock-pl., Tavis-
Cann, Edwin Newman, 4, Heathfield, Wandsworth-
Davies, Henry Gilbert Rice, 2, Gloucester-terrace,
Dickinson, John Abraham, 8, Duke-street, Port-
Eddowes, Charles Kirk, 23, Davies-st., Berkeleysquare; and Store-street
Evans, Robert, Ashton-under-Lyne
Faithfull, Henry, 1, Howard-place, Montpelier
Harrison, George, Newark-upon-Trent
To whom Articled, Assigned, &c.
W. B. Ogden, St. Mildred's-court; T. Loughborough, Austin-friars
R. J. Child, Old Jewry
T. S. James, Birmingham
John Sims Weir, deceased, Nicholas-lane