ninth year of the reign of King Charles the Second, intituled An Act for the Prevention of Frauds and Perjuries, it is, among other things, enacted, that from and after the twenty-fourth day of June one thousand six hundred and seventy-seven, no contract for the sale of any goods, wares, and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized: And whereas a similar enactment is contained in an Act passed in Ireland in the seventh year of the reign of King William the Third: And whereas it has been held, that the said recited enactments do not extend to certain executory contracts for the sale of goods, which nevertheless are within the mischief thereby intended to be remedied; and it is expedient to extend the said enactments to such executory contracts; Be it enacted, That the said enactments shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.

11 GEO. IV. & 1 WM. IV. CAP. 40. [A.D. 1830.] An Act for making better Provision for the Disposal of the undisposed of Residues of the Effects of Testators.

Whereas Testators by their Wills frequently appoint Executors, without making any express Disposition of the Residue of their Personal Estate: And whereas Executors so appointed become by Law entitled to the whole Residue of such Personal Estate; and Courts of Equity have so far followed the Law as to hold such Executors to be entitled to retain such Residue for their own Use, unless it appears to have been their Testator's Intention to exclude them from the benecial Interest therein, in which Case they are held to be Trustees for the Person or Persons (if any) who would be entitled to such Estate under the Statute of Distributions, if the Testator has died Intestate: And whereas it is desirable that the Law should be extended in that respect; 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 when any Person shall die, after the First Day of September next after the passing of this Act, having by his or her Will, or any Codicil or Codicils thereto, appointed any Person or Persons to be his or her Executor or Executors, such Executor or Executors shall be deemed by Courts of Equity to be a Trustee or Trustees for the Person or Persons (if any) who would be entitled to the Estate under the Statute of Distributions, in respect of any Residue not expressly disposed of, unless it shall appear by the Will, or any Codicil thereto, the Person or Persons so appointed Executor or Executors was or were intended to take such Residue beneficially.

II. Provided also, and be it further enacted, That nothing herein contained shall affect or prejudice any Right to which any Executor, if this Act had not been passed, would have been entitled, in Cases where there is not any Person who would be entitled to the Testator's Estate under the Statute of Distributions, in respect of any Residue not expressly disposed of.

III. Provided always, and be it further enacted, That nothing herein contained shall extend to that Part of the United Kingdom called Scotland.

CAP. 46.

An Act to alter and amend the Law relating to Illusory Appointments.

Whereas, by Deeds, Wills, and other Instruments, Powers are frequently given to appoint Real and Personal Property amongst several Objects, in such Manner that none of the Objects can be excluded by the Donee of the Power from a Share of such Property; And whereas Appointments in exercise of such Powers whereby an unsubstantial, illusory, or nominal Share of the Property affected thereby is appointed to or left unappointed to devolve upon any one or more of the Objects thereof, are invalid in Equity, although the like Appointments are good and binding at Law: And whereas considerable Inconvenience hath arisen from the Rule of Equity relative to such Appointments, and it is expedient that such Appointments should be as valid in Equity as at Law; 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 no Appointment which from and after the passing of this Act shall be made in exercise of any Power or Authority to appoint any Property, Real or Personal, amongst several Ob

jects, shall be invalid or impeached in Equity, on the Ground that an unsubstantial, illusory, or nominal Share only shall be thereby appointed to or left unappointed to devolve upon any one or more of the Objects of such Power; but that every such Appointment shall be valid and effectual in Equity as well as at Law, notwithstanding that any one or more of the Objects shall not thereunder, or in default of such Appointment, take more than an unsubstantial, illusory, or nominal Share of the Property subjected to such Power.

II. Provided always, and be it further enacted, That nothing in this Act contained shall prejudice or affect any Provision in any Deed, Will, or other Instrument creating any such Power as aforesaid, which shall declare the Amount of the Share or Shares from which no Object of the Power shall be excluded.

III. Provided also, and be it further enacted and declared, That nothing in this Act contained shall be construed, deemed, or taken, at Law or in Equity, to give any other Validity, Force, or Effect, to any Appointment, than such Appointment would have had if a substantial Share of the Property affected by the Power had been thereby appointed to or left unappointed to devolve upon any Object of such Power.

[2 & 3 WM. IV. CAP. 71. [A.D. 1832.]

An Act for shortening the Time of Prescription in certain Cases.]

[3 & 4 WM. IV. CAP. 27. [A.D. 1833.]

An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for trying the Rights thereto.]

3 & 4 WM. IV. CAP. 42. [A.D. 1833.]

II. And whereas there is no Remedy provided by Law for Injuries to the Real Estate of any Person deceased, committed in his Lifetime, nor for certain Wrongs done by a Person deceased in his Lifetime to another in respect of his Property, Real or Personal; for Remedy thereof be it enacted, That an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained by the Executors or Administrators of any Person deceased for any Injury to the Real Estate of such Person, committed in his Lifetime, for which an Action might have been maintained by such Person, so as such Injury shall have been committed within Six Calendar Months before the Death of such deceased Person, and provided such Action shall be

brought within One Year after the Death of such Person; and the Damages, when recovered, shall be Part of the Personal Estate of such Person; and further, that an Action of Trespass, or Trespass on the Case, as the Case may be, may be maintained against the Executors or Administrators of any Person deceased for any Wrong committed by him in his Lifetime to another in respect of his Property, Real or Personal, so as such Injury shall have been committed within Six Calendar Months before such Person's Death, and so as such Action shall be brought within Six Calendar Months after such Executors or Administrators shall have taken upon themselves the Administration of the Estate and Effects of such Person; and the Damages to be recovered in such Action shall be payable in like Order of Administration as the Simple Contract Debts of such Person.

XXXI. And be it further enacted, That in every Action brought by any Executor or Administrator in right of the Testator or Intestate, such Executor or Administrator shall, unless the Court in which such Action is brought, or a Judge of any of the said Superior Courts, shall otherwise order, be liable to pay Costs to the Defendant in case of being nonsuited or a Verdict passing against the Plaintiff, and in all other Cases in which he would be liable if such Plaintiff were suing in his own Right upon a Cause of Action accruing to himself; and the Defendant shall have Judgment for such Costs, and they shall be recovered in like Manner.

XXXVII. And be it further enacted, That it shall be lawful for the Executors or Administrators of any Lessor or Landlord to distrain upon the Lands demised for any Term, or at Will, for the Arrearages of Rent due to such Lessor or Landlord in his Lifetime, in like Manner as such Lessor or Landlord might have done in his Lifetime.

XXXVIII. And be it further enacted, That such Arrearages may be distrained for after the End or Determination of such Term or Lease, at Will, in the same Manner as if such Term or Lease had not been ended or determined; provided that such Distress be made within the Space of Six Calendar Months after the Determination of such Term or Lease, and during the Continuance of the Possession of the Tenant from whom such Arrears became due: Provided also, that all and every the Powers and Provisions in the several Statutes made relating to Distresses for Rent shall be applicable to the Distresses so made as aforesaid.

[3 & 4 WM. IV. CAP. 104. [A.D. 1833.]

An Act to render Freehold and Copyhold Estates Assets for the Payment of Simple and Contract Debts.]

[3 & 4 WM. IV. CAP. 106. [A.D. 1833.]
An Act for the Amendment of the Law of Inheritance.]

[4 & 5 WM. IV. CAP. 23. [A.D. 1834.]

An Act for the Amendment of the Law relative to the Escheat and Forfeiture of Real and Personal Property holden in Trust.]

7 WM. IV. & 1 VICT. CAP. 26. [A.D. 1837.]

An Act for the Amendment of the Laws with respect to Wills. Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lord's Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Words and Expressions herein-after mentioned, which in their ordinary Signification have a more confined or a different Meaning, shall in this Act, except where the Nature of the Provision or the Context of the Act shall exclude such Construction, be interpreted as follows; (that is to say,) the Word "Will" shall extend to a Testament, and to a Codicil, and to an Appointment by Will or by Writing in the Nature of a Will in exercise of a Power, and also to a Disposition by Will and Testament or Devise of the Custody and Tuition of any Child, by virtue of an Act passed in the Twelfth Year of the Reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof, or by virtue of an Act passed in the Parliament of Ireland in the Fourteenth and Fifteenth Years of the Reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and to any other Testamentary Disposition; and the Words "Real Estate" shall extend to Manors, Advowsons, Messuages, Lands, Tithes, Rents, and Hereditaments, whether Freehold, Customary Freehold, Tenant Right, Customary or Copyhold, or of any other