No. 27. 4 George II. c. 28.-An Act for the more effectual preventing Frauds committed by Tenants, and for the more easy Recovery of Rents, and RENEWAL of LEASES. [See this Act, Landlord and Tenant, Part IV. No. By Section 6, Chief Leases may be renewed without surrendering all the Under Leases.] No. 28. 7 George II. c. 20.-An Act for the more easy Redemption and Foreclosure of Mortgages. W HEREAS Mortgagees frequently bring Actions of Ejectment 7 Geo. II. c. 20. for the Recovery of Lands and Estates to them mortgaged, 4 & 5 W. &. M. c. 16. ' and bring Actions on Bonds given by Mortgagors to pay the Money secured by such Mortgages, and for performing the Covenants there' in contained, and likewise commence Suits in his Majesty's Courts of Equity, to foreclose their Mortgagors from redeeming their Estates; and the Courts of Law, where such Ejectments are brought, have not Power to compel such Mortgagees to accept the 'principal Monies and Interests due on such Mortgages, and Costs, or to stay such Mortgagees from proceeding to Judgment and Execu'tion in such Actions; but such Mortgagors must have Recourse to 'a Court of Equity for that Purpose; in which Case likewise the Courts of Equity do not give Relief until the Hearing of the Cause:' For Remedy thereof, and to obviate all Objections relating to the same; 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 In Actions con-. Authority of the same, That from and after the first Day of Easter cerning Mortgages or Ejectments, Term One Thousand Seven Hundred and Thirty-four, where any Action shall be brought on any Bond for Payment of the Money secured by such Mortgage, or Performance of the Covenants therein contained, or where any Action of Ejectment shall be brought in any of his Majesty's Courts of Record at Westminster, or in the Court of Great Sessions in Wales, or in any of the superior Courts in the Counties Palatine of Chester, Lancaster, or Durham, by any Mortgagee or Mortgagees, his, her, or their Heirs, Executors, Administrarors or Assigns, for the Recovery of the Possession of any mortgaged Lands, Tenements or Hereditaments, and no Suit shall be no Suit being then then depending in any of his Majesty's Courts of Equity in that Part depending to foreof Great Britain called England, for or touching the foreclosing or gage, redeeming of such mortgaged Lands, Tenements or Hereditaments; if the Person or Persons having Right to redeem such mortgaged Lands, Tenements or Hereditaments, and who shall appear and become Defendant or Defendants in such Action, shall at any Time, pending such Action, pay unto such Mortgagee or Mortgagees, or in case of his, her, or their Refusal, shall bring into Court, where such Action shall be depending, all the Principal Monies and Interest due on such gor'srendering the Mortgage, and also all such Costs as have been expended in any Suit Principal, I..terest, or Suits at Law or in Equity upon such Mortgage (such Money for and Costs in Court Principal, Interest, and Costs, to be ascertained and computed by the full Satisfaction, close such Mort the Mortga shall be deemed 1 No. 28. gagee to surrender the Premises. Court where such Action is or shall be depending, or by the proper 7 Geo. 11. c. 20. Officer by such Court to be appointed for that Purpose), the Monies so paid to such Mortgagee or Mortgagees, or brought into such Court, shall be deemed and taken to be in full Satisfaction and Discharge of such Mortgage, and the Court shall and may discharge every such Mortgagor, or Defendant, of and from the same accordingly; and and the Court may shall and may, by Rule or Rules of the same Court, compel such compet the Mote Mortgagee or Mortgagees, at the Costs and Charges of such Mortgagor or Mortgagors, to assign, surrender, or reconvey such mortgaged Lands, Tenements, and Hereditaments, and such Estate and Interest, as such Mortgagee or Mortgagees have or hath therein, and deliver up all Deeds, Evidences, and Writings, in his, her, or their Custody, relating to the Title of such mortgaged Lauds, Tenements, and Hereditaments, unto such Mortgagor or Mortgagors, who shall have paid or brought such Monies into the Court, his, her, or their Heirs, Executors, or Administrators, or to such other Person or Persons, as he, she, or they, shall for that Purpose nominate or appoint. On Bills to foreclose. II. And be it further enacted by the Authority aforesaid, That from and after the said first Day of Easter Term, One Thousand Seven Hundred and Thirty-four, where any Bill or Bills, Suit or Saits, shall be filed, commenced or brought in any of his Majesty's Courts of Equity, in that Part of Great Britain called England, by any Person or Persons having or claiming any Estate, Right or Interest in any Lands, Tenements or Hereditaments, under or by virtue of any Mortgage or Mortgages thereof, to compel the Defendant or Defendants in such Suit or Suits (having or claiming a Right to redeem the same) to pay the Plaintiff or Plaintiffs in such Suit or Suits, the Principal Money and Interest due on any such Mortgage, or the Principal Money and Interest due on such Mortgage, together with any Sum or Sums of Money due on any Incumbrance or Specialty, charged or chargeable on the Equity of Redemption thereof, and in Default of Payment thereof, to foreclose such Defendant or Defendants of his, the Court, on De- her, or their Right or Equity of redeeming such mortgaged Lands, fendant's Request, Tenements, or Hereditaments; such Court and Courts of Equity, may proceed to a where such Suit or Suits shall be depending, upon Application made Decree, before a regular Hearing, to such Court by the Defendant or Defendants in such Suit, having a Right to redeem such mortgaged Lands, Tenements or Hereditaments, thereby, as ife and upon his or their admitting the Right and Title of the Plaintiff or Cause had been re- Plaintiffs in such Suit, may and shall at any Time or Times, before gularly heard. such Suit or Cause shall be brought to Hearing, make such Order or Decree therein, as such Court or Courts might or could have made therein, in case such Suit or Cause had then been regularly brought to Hearing before such Court or Courts; and all Parties to such Suit or Suits shall be bound by such Order or Decree so made, to all Intents and Purposes, as if such Order or Decree had been made by such Court, at or subsequent to the Hearing of such Cause or Suit; any Usage to the contrary thereof in any wise notwithstanding. and all Parties shall 1 be bound extend to Cases the Money due not adjusted. III. Provided always, That this Act, or any Thing herein conThis Act not to tained, shall not extend to any Case where the Person or Persons, where the Right against whom the Redemption is or shall be prayed, shall (by Writing of Redemption is under his, her, or their Hands, or the Hand of his, her, or their AtControverted, or torney, Agent or Solicitor, to be delivered, before the Money shall be brought into such Court at Law, to the Attorney or Solicitor for the other Side) insist, either that the Party praying a Redemption has not a Right to redeem, or that the Premises are chargeable with other or different principal Sums, than what appear on the Face of the Mortgage, or shall be admitted on the other Side; nor to any Case where the Right of Redemption to the mortgaged Lands and Premises in Question in any Cause or Suit shall be controverted or questioned No. 28. by or between different Defendants in the same Cause or Suit; nor shall be any Prejudice to any subsequent Mortgagee or Mortgagees, or 7 Geo. II. c. 22. subsequent Incumbrancer; any Thing in this Act contained to the or to prejudice any contrary thereof in any wise notwithstanding. (1) (1) This Order can only be made upon Admission of the Sum claimed as due, and the Master cannot examine Evidence.-Iberson v. Iberson, 4 Vesey, 105. An Order cannot be made under the Act, where there is any Thing in the Suit beyond the mere Foreclosure,-Semble, Bastard v. Clarke, 7 Vesey, 419. A Defendant, in Contempt for not answering, cannot apply under the Statute.-Hewitt v. M'Cartney, 13 Vesey, 560. It was said, in Perry v. Barker, 13 Vesey, 205, on the Information of Lord Redesdate, that the Course in Ireland is to decree a Sale instead of a Foreclosure, and if the Sale produce more than the Debt, the Surplus goes to the Mortgagor; if less, the Mortgagee has his Remedy for the Difference. The Advantage of that Course seems very manifest, as it makes the Pledge available for its real Value, and preserves the Rights of the Creditor for the Difference. The Claims of a Mortgagee, upon a Suit of Foreclosure, are often very much embarrassed by the Variety and Complication of the Interests involved in the Right of Redemption, and with which he has no Concern. It would much add to the Advantage of this Security, without prejudicing any other Interests, to authorise the Courts of Equity, upon Petition, to direct a Sale, after a definite Period, upon giving such Notices as to the Court might seem proper and for the Surplus, after satisfying the Mortgagee, to be paid into Court subject to be disposed of upon the Application of those concerned: the Sale under the Authority of the Court to be a complete Title against all Claims subsequent to the Mortgage, and the Purchaser to be no further concerned in the Regularity of the Proceedings than by having a Confirmation of the Sale. By Statute 11 & 12 Geo. III. c. 10, Ir. a Power is given to Courts of Equity, in Ireland, in Case of the Interest upon Mortgages being in Arrears for a Year and a Half, to appoint a Receiver upon Petition and Affidavit-and by 7 Geo. II. c. 14, Ir. Provisions are made for Proceedings on Bills of Foreclosure, when Defendants are out of the Kingdom.-See 2 Gabbett, 339. No. 29. 39 & 40 George III. c. 98. An Act to restrain all Trusts and Directions in Deeds or Wills, whereby the Profits or Produce of Real or Personal Estate shall be accumulated, and the beneficial Enjoyment thereof postponed beyond the Time therein limited. [28th July, 1800.] subsequent Morigages. 39 & 40 Geo fil. c. 98. or Personal Pro in such Rents or Produce Personal Estates, whereby the Profits and Produce thereof ' are directed to be accumulated, and the beneficial Enjoyment thereof 'is postponed, should be made subject to the Restrictions herein after No Person, by 'contained: May it therefore please your Majesty that it may be Deed or Will, &c enacted, and be it enacted by the King's most Excellent Majesty, by shall settle or disand with the Advice and Consent of the Lords Spiritual and Tem- Pose of any Real poral, and Commons, in Parliament assembled, and by the Authority perty. of the same, That no Person or Persons shall, after the passing of this Manner that the Act, by any Deed or Deeds, Surrender or Surrenders, Will, Codicil, shall be accumu or otherwise soever, settle or dispose of any Real or Personal Property, lated for a longer so and in such Manner that the Rents, Issues, Profits, or Produce em than the Life thereof, shall be wholly or partially accumulated; for any longer 21 Years after his Term than the Life or Lives of any such Grantor or Grantors, Settler Decease; or duror Settlers; or the Term of twenty-one Years from the Death of any of any Party living such Grantor, Settler, Devisor, or Testator; or during the Minority at his Decease; or or respective Minorities of any Person or l'ersons who shall be living, Persons beneficial or in Ventre sa Mère at the Time of the Death of such Grantor, ly entitled. of the Scutler; or ing the Minority the Minorities of c. 98. No. 29. Devisor, or Testator; or during the Minority or respective Minorities 39 & 40 Geo. III. only of any Person or Persons who, under the Uses or Trusts of the Deed, Surrender, Will, or other Assurances, directing such Accumulations, would, for the Time being, if of full Age, be entitled unto the Rents, Issues, and Profits, or the Interest, Dividends, or annual Produce so directed to be accumulated and in every Case Any other Direc where any Accumulation shall be directed otherwise than as aforesaid, and the Rents, &c. such Direction shall be null and void, and the Rents, Issues, Profits, go to the Persons and Produce of such Property so directed to be accumulated, shall, so entitled thereto. long as the same shall be directed to be accumulated contrary to the Provisions of this Act, go to and be received by such Person or Persons as would have been entitled thereto if such Accumulation had Nothing herein not been directed. (1) tion shall be void, ment of Debts or to extend to any II. Provided always, and be it enacted, That Nothing in this Provision for Pay Act contained shall extend to any Provision for Payment of Debts of for raising For any Grantor, Settler, or Devisor, or other Person or Persons, or to tions for Children, any Provision for raising Portions for any Child or Children of any or touching the Person taking any Interest under any such Conveyance, Settlement, or Devise, or to any Direction touching the Produce of Timber or Wood upon any Lands or Tenements; but that all such Provisions and Directions shall and may be made and given as if this Act had not passed. Produce of Tim ber; nor to any Disposition of Heretable Property in Scotland. III. Provided also, and be it enacted, That Nothing in this Act contained shall extend to any Disposition respecting Heretable ProRestrictions shall perty within that Part of Great Britain called Scotland. take effect with IV. Provided also, and be it enacted, That the Restrictions in respec to Wills this Act contained shall take Effect and be in Force with Respect to passing of this Act, Wills and Testaments made and executed before the passing of this the Act, in such Cases only where the Devisor or Testator shall be living, Testator shall live, and of sound and disposing Mind, after the Expiration of Twelve after passing this Calendar Months from the passing of this Act. made before the only where &c. 12 Months Act. (1) This Act was occasioned by the Will of Mr. Thelluson, the Validity of which, directing an Accumulation during the Lives of his Children, was established in the Case of Thelluson v. Woodford, 4 Vesey, 227, and On Appeal in Dom. Proc. 11 Vesey, 112, 1 B. & P. N. R. 557. A Disposition for an Accumulation, for a longer Period than the Act allows, is valid for the Time allowed, and only void for the Excess.-See Griffiths v. Vere, 9 Vesey, 127.-Longden v. Simson, 12 Vesey, 295. No. 30. 39 & 40 Geo. III, c. 56. 39 & 40 George III. c. 56.-An Act for Relief of Persons entitled to entailed Estates to be purchased with Trust Monies. [20th June 1800.] W WHEREAS by the Practice of Courts of Equity, in Cases in which Money under the Controul of such Comts is subject to be laid out in the Purchase of Lands, to be limited to Uses capa"ble of being barred by Fine, the said Courts direct such Money to be paid to the Party or Parties who could by Fine bar the Uses to 'which such Lands, in case the same had been purchased, would have 'been limited, and do not require or compel the actual Investment of such Monies in the Purchase of Lands, notwithstanding other Per'sons might take Estates or Interests therein, if the same were purchased, and be entitled to hold such Estates or Interests until such Fine was actually levied: And whereas nevertheless, where Money ⚫ under the Control of the said Courts is subject to be invested in the • Purchase of Lands, to be limited to Uses not capable of being No. 30. c. 55 Where Money un ty. &c. shall be or copyhold Pre 'barred by Fine, but capable of being barred by Recovery, the said 'Courts, according to the Practice thereof, refuse to direct the same 39 & 40 Goo, IL, 'to be paid to the Party or Parties who, in case such Lands had been 'purchased, could by Recovery have barred all the Uses to which the 'same would have been limited, and require and compel the actual 'Investment of such Monies in a Purchase or Purchases of some 'Lands; and such last mentioned Practice is attended with great 'Inconvenience and Expence to the Party or Parties who by a Reco'very could bar the Uses to which such Lands are to be limited when purchased, and the Interest and Benefit of others who might take 'Estates barrable by such Recovery when suffered, is not according to 'such last mentioned Practice materially promoted or secured, and it 'may therefore be expedient to alter such Practice: And whereas it 'may also be expedient to provide some satisfactory and summary 'Proceeding, whereby Trustrees possessed of Money subject to be laid out in Lands, may be required in proper Cases to pay such Money to the Parties entitled, and under this Act to become entitled to receive the same:' 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 der the Controul assembled, and by the Authority of the same, That from and after of a Cours of Equi the passing of this Act, in all Cases where Money, under the Con- subject to be in troul of any Court of Equity, or of or to which any Individuals as vested in the Pur. Trustees are possessed or entitled, shall be subject to be invested in chase of freehold the Purchase of Freehold or Copyhold Hereditaments, or both, to be mises, to be setsettled upon any Person or Persons, in such Manner that it would be tled in such Mancompetent in case such Money had been invested in the Purchase of her that it would be competent to Real Estates for the Person or Persons who would be the Tenant or the first Tenant in Tenants of the first Estate or Estates Tail therein, either alone, or Tail and Remaintogether with the Person or Persons who would be the Owner or ders, it shall not Owners of the particular preceding Estate or Estates therein, if any, neessary to by Deed, Fine, or Common Recovery, or any of them, or other lawful have such Money Act, in the case of Freehold Hereditaments, or by Surrender and ed; but the Court, Recovery, or either of them, or other lawful Act, in the case of on Petition of the first Tenant in Tail, Copyhold Hereditaments, to bar the first Estate or Estates Tail, and and the i a ty havthe Rights and Interests of all Persons in Remainder, it shall not be ing any antecedant necessary to have such Money actually invested in Lands or Heredita- dults, or if Femes ments, in order that such Estates Tail and Remainders over may be so Covert, separately barred; but that it shall and may be lawful to and for the High Court examined) order such Money of Chancery, or such Court of Equity, under the Controul of which to be paid to them, such Money shall be, and in the Case of Trustees, to and for the said or applied as they High Court of Chancery, in a summary Way, upon Petition of the Person or Persons who would be Tenant or Tenants of the first Estate or first Estates Tail, and of the Person or Persons who would be the Owner or Owners of the antecedent particular Estate or Estates, if any, in the Lands and Hereditaments in case the same were purchased, such Petitioners being Adults, and in case where any of the Parties are or is Femes Covert or a Feme Covert, they, she, or they being first separately examined in Court, or upon a Commission, and consenting to order the Monies subjected to such Trusts to be paid to the Petitioners or any of them, or to be paid and applied in such Mauner and for such Purposes as the Petitioners shall appoint and the Court shall approve of. (1) (1) The Order under this Act, to be only made in Vacation, to take Effect in Case the Party shall be living on the second Day of the ensuing Term-Lowton v. Lowton, 5 Vesey, 12-vi. ex parte Bennett, 6 Vesey, 116. Not to be made in Term unless there would be sufficient Time to suffer a Recovery-ex parte Frith, 8 Vesey, 609-nor in any Case without Inquiry if the Party has incumbered.—Ex parte Hodges, 6 Vesey, 576. Tail to bar Estates be so actually invest. Estates, (being A shali appoint. may |