STATUTES Made at WESTMINSTER, Anno Regni GEORGII III. undecimo and A. D. 1771. CAP. XX. An Act to enable Lunatics intitled to renew Leases, their Guardians and Committees, to accept of Surrenders of Old Leases, and grant New Ones. Whereas by the Laws now in Force, Lunatics, or their Guardians or Committees, have not any Power or Authority, upon a Surrender of any Lease of Lands, Tenements, or *Hereditaments, for the Life or Lives of one or more 791 Person or Persons, or for Terms of Years absolute or determinable on the Death of one or more Person or Persons, to make a sure or effectual Renewal of such Lease or Leases, which is frequently to the Detriment of such Lunatics and their Families, and always to the Prejudice of the Person or Persons intitled to such Renewal: 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 from and after the twenty-fifth day of March, one thousand seven hundred and seventy-one, in all Cases where any Lunatic is or shall be intitled, or has Right to renew any Lease or Leases made or granted, or to be made or granted, for the Life or Lives of one or more Person or Persons, or for any Term or Number of Years, absolute or determinable on the Death of one or more Person or Persons, or otherwise; it shall and may be lawful to and for such Lunatic, or his or her Guardian or Guardians, Committee or Committees, of his Estate, in his, her, or their Name or Names, by the Direction of 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, 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 execute to any Person or Persons, Bodies Politic, or Corporate or Collegiate, 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 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 aforesaid, That all and every such Lease or Leases so to be made or 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 exe792 cuting *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. III. Provided always, and be it further enacted by the Authority aforesaid, That all Fines, Premiums, Foregifts, and Sums of Money, which shall or may be had, received, or paid for, or on account of the renewing of any such Lease or Leases as aforesaid, shall (after a Deduction of all necessary incident Charges and Expenses) be paid to the Guardian or Guar dians, 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 the Lords Commissioners of the Great Seal of Great Britain, shall direct; But, upon the Death of such Lunatic or Lunatics, all such Sum and Sums of Money as shall arise by such Fines, Premiums, or Foregifts, or so much as shall remain unapplied for the Benefit of such Lunatic or Lunatics, at his, her or their Death, shall, 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. See note to 29 Geo. 2, c. 31. INDEX TO THE STATUTES. Abatement. Writ of dower-where abateable. 3 Edward 1, Ch. 49. Where writs, indictments, &c. shall Death of a party between verdict Death of the party after interlocu- Death of one plaintiff or defend- No dilatory plea without affidavit. goods of an intestate, shall answer Where an executor or administra- Admiral and Admiralty. The admiral shall not hold plea of Nor of matters arising in the body Affidavit. To be made where the cause of ac- Agreements. Are to be in writing. See Frauds. Amendments and Jeofails. Errors in record owing to the mis- See Index to Notes, page 1069. No man shall lose by the old forms Records not to be amended in a May be amended as well after judg- For what errors judgment shall What mispleadings, &c. aided by After demurrer joined, judgment 18 Except certain criminal cases. Defects in form amended. 27 Eliz- Jeofails extended to judgments by Jeofails extended to suits for reve- nue. 4 Anne, Ch. 16, S. 24. To writs of mandamus. 9 Anne, Arbitration and Award. Arrests. Priests attending divine service, Service of process on Sunday void, Capias first given against account- Like process in case as in debt or Capias in debt, detinue and reple- Arrests of Judgment. See Judgments. Assets. Trusts in fee deemed assets by de- Proceeds of land devised to be sold Assumpsit. See Frauds. Assurance. See Insurance. Attornies. The judges may admit attornies in They shall be examined by the Attornment. Grants to be good without it. 4 By tenants, except to a mortgagee, See Index to Notes, page 1069. Avowry. An avowant recovering, shall have Writs shall go to enquire of the They who distrain for rent may Bail and Mainprize. What persons are bailable, and by Justices of peace may bail persons Special bail-when requisite. 12 In what case the drawer is obliged Promissory notes assignable. 3 & Where drawer excused from pay- Where acceptance of a bill of ex- Bonds. In actions on bonds for non-per- Payment may be pleaded. 4 Anne, Principal, interest and costs, may Bottomry. See Insurance. See Index to Notes, page 1069. |