« PreviousContinue »
titled to any
of the Real Estates of British Subjects and others, sita
[27th June 182 HEREAS some Doubts have arisen whether, and to w
Extentthe Real Estates (not being Mahomedans or Gentoos), situate within or bet • under the Jurisdiction of His Majesty's Supreme Courts of the I cature in India, are liable, as Assets in the Hands of Executa • and Administrators, to the Payment of the Debts of their deceas « Owners : And Whereas it is expedient that such Doubts sbai
be removed ;' Be it therefore and it is hereby declared a enacted by the King's most Excellent Majesty, by and with Advice and Consent of the Lords Spiritual and Temporal
, Commons, in this present Parliament assembled, and by the Aut. Whenever any
rity of the same, That whenever any British Subject shall die see British Sub- of or entitled to any Real Estate in Houses, Lands, or Heret: jects, or Persons ments, situate within or being under the general Civil Jurisdicte not being of His Majesty's Supreme Courts of Judicature at Fort Wilhe Mahomedans
in Bengal, Fort Saint George, and Bombay respectively, or whes or Gentoos, shall die, en
ever any Person (not being a Mahomedan or Gentoo) shall de
seised of or entitled to any such Real Estate, situate within the Real Estate in local Limits of the Civil Jurisdiction of the same Courts respe India, such
tively, such Real Estate of such British Subject or other Perso Estate shall be
as aforesaid (not being a Mahomedan or Gentoo) is and shall deemed Assets.
deemed Assets, in the Hands of his or her Executor or Adm3strator, for the Payment of his or her Debts, whether by Speciar
or Simple Contract, in the ordinary Course of Administration. Executors may
II. And it is further declared and enacted, That it is and shal sell such Real be lawful for such Executor or Administrator of such British Sa Estates for the ject or other Person as aforesaid (not being a Mahomedan Payment of
Gentoo), to sell and dispose of such Real Estate for the Paymes: el Debts.
such Debts as aforesaid, and to convey and assure the same Est* to a Purchaser, in as full and effectual a Manner in Law as the Testator or Intestate of such Executor or Administrator could u
might have done in his Life-time. In any Action ÎII. And it is further declared and enacted, That in any & for Debt, the or Action to be commenced and prosecuted in any of the sai Executor may
Courts respectively, against such Executor or Administrator a be charged with the full
aforesaid, for the Recovery of any Debt or Demand due and owina Amount of by such Testator or Intestate in his Life-time and at the Tir? such Real of his Death, such Executor or Administrator shall and may be Estate, charged with the full Amount in Value of such Real Estate 33
aforesaid, not exceeding the actual net Proceeds of such Estate when sold by the Sheriff, as Assets in the Hands of such Executur
or Administrator to be administered. In Suits against IV. And it is further declared and enacted, That in any such Executors, Suit or Action against such Executor or Administrator as aforeCourts may
said, it is and shall be lawful for the said Courts respectively to
vard and issue such Writs of Sequestration and Execution against order Writs of ich Houses, Lands, and Real Effects of such Testator or Intes. Sequestration. aite, in the Hands of such Executor or Administrator as aforesaid, ad to cause the same to be seized, sequestered, and sold, or Posession thereof delivered under such Writs respectively, in the ime Manner as such Courts could and might have done in the ife-time of such Testator or Intestate as aforesaid.
V. And it is further declared and enacted, That all Convey- Conveyances ices and Assurances of such Real Estates of such British Subjects and Assurances ad other Persons so dying seised or entitled as aforesaid (not of such Estates
shall be deemed ring Mahomedans or Gentoos), situate within or being under the
good. * !neral or local Jurisdiction of such Courts respectively as afore- id, heretofore made and executed by Executors and Admi
strators of such deceased British Subjects and other Persons as oresaid, are hereby confirmed, and shall be deemed, held, and ken to be of the same Force, Validity, and Effect in Law, as if le same had been made and executed by such deceased Persons 1 their Life-time.
VI. Provided nevertheless, and it is hereby declared and en- This Act not cted, That neither this Act, nor any thing herein contained, shall to alter the de construed to operate as or have the Effect of changing or alter- legal Quality
or Tenure of g the legal Quality, Nature, or Tenure of any Lands, Houses,
Estates. Estates, Rights, Interests, or any other Subject of Property whatt bever, or of making the same or any of them to be of the Nature - f Real Property, if by Law, before the passing of this Act, the zame or any of them were Personal Property; but that the Law in
hat respect shall be and continue the same as if this Act had not assed,
CA P. XXXIV. An Act for altering and amending an Act passed in the Fiftyfifth Year of the Reign of His late Majesty, intituled An Act to regulate Madhouses in Scotland. [27th June 1828.] HEREAS an Act was passed in the Fifty-fifth Year of the 55 G. 3. c. 69.
Reign of His late Majesty King George the Third, intituled An Act to regulate Madhouses in Scotland, which requires to be En altered and amended in some respects ;' 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 for and in respect of any Licence to be granted by any
What Sums Sheriff, for the Care and Confinement of any factious or furious shall be paid Person, or Lunatic, within his County, in the Manner directed by granted for the the said recited Act, there shall be paid only Ten Shillings and Care of Insane Sixpence for every Person confined, in place of Two Guineas, as Persons. required by the said recited Act, to be accounted for in the Manner thereby directed : Provided always, that for no Licence to be Books to be 80 granted shall there be paid less than the Sum of Two Guineas. kept for enter
II. And be it enacted, That a Book shall be kept in every House ing the Time so licensed, in which shall be inserted the Name and Date of Ad- of Admission
mission of every Insane Person into such House, and also the Death and of Disşi or Discharge of every such Person, specifying the State of Mind 9 Geo. IV. I
in which such Person was at the Date of such Death or Discharge Insane Persons. and the Cause of his or her Death. Whenever III. And be it enacted, That whenever any Coercion, Sever Coercion shall
or Restraint, beyond that of Solitary Confinement, shall be ex be made use of towards any
towards any Person confined in such House, an Entry shall Person con
made in the foresaid Book on the same Day on which such as fined, an Entry cion, Severity, or Restraint shall be first used, setting forth a thereof to be Nature of such Coercion, Severity, or Restraint, together with t made in such
special Cause thereof; and it is further provided, that the keer Books.
of such House shall make or cause to be made an Entry in Book on each succeeding Day during which such Coercis Severity, or Restraint may be continued, showing the Proges of the Disorder, and how far such Coercion, Severity, or Restran has been increased, diminished, continued, or put an end te a
also the Reasons for the Continuance or Change of such Treatmes Books to be IV. And be it enacted, That such Book or Books shall be por produced to duced to the Inspectors authorized to visit and inspect such Hours Inspectors,
which Inspectors are hereby required to mark thereon the Date who are to insert the Date such Inspection, together with any Observations which they as of their Inspec. deem material as to the State of such House, or of all or any tion, &c. the Persons therein confined ; and any Keeper of such House
shall neglect to keep the Books hereby ordered, or to make there any of the Entries hereby ordered, at the Times and in the Terms hereby prescribed, or who shall refuse or neglect to produce set Books when duly required, shall forfeit the Sum of Five Pounds is each Offence, to be recovered in the same Manner as Penalties may
be recovered under the said recited Act. No Insane V. And be it enacted, That no Insane Person shall be received Person to be
into any Public Hospital or Public Lunatic Asylum without & received into an Hospital
Warrant from the Sheriff, such as is required by the said recitet without a
Act in the Case of a Private Madhouse; and the said Sherif á Warrant from hereby required to inspect such Hospitals and Asylums in ta the Sheriff, who same way as Private Madhouses; and he is further authorized to is to inspect
order any Person to be discharged from such Hospital or Asylum Hospitals.
who, after due Inquiry and medical Inspection, shall be considere
by him as improperly detained therein. Houses of
VI. And be it further enacted, That in every House of Re Reception to be visited by
ception for Two or more Insane Persons there shall, if it contan Medical Men.
One hundred Patients, be a resident Physician or Surgeon; 1. every such House containing less than one hundred Patients case such House shall not be kept by a Physician or Surgeshi shall be visited twice in every week by a Physician or Surgeon and such resident Attendant or visiting Physician or Surgeon is hereby respectively required to report to the Keeper the Conditio of the House, and State of Health of the Patients, and shall once in every week enter and sign the same in a Register, according to the Form in the Schedule hereunto annexed; and such Register shall by the Keeper of such House be regularly laid before the Inspectors appointed by this and the before-recited Act, who are hereby required to sign the same in testimony of its Production
VII. Provided always, and be it further enacted, That the empowered established Minister of the Parish wherein any House for the to visit Mad
Reception of Insane Persons is situate, with the Consent in Writhouses within
ing of the Sheriff, shall have Liberty to visit all such Houses at their Parishes.
of such a
y Hour between Eight in the Morning and Eight in the Even
g; but notwithstanding such written Consent as aforesaid, the ever antle Contoroz
eeper of any such House may refuse such Minister Access to
1y Patient, if he shall think such Visit prejudicial to the due h House , a are or Recovery of the Patient, provided such Refusal
, and the ne Day on = rounds thereof, shall be duly entered in the Register, and refirst used torted by such Keeper to the Inspectors at their then next ensuRestraint. Lo
g Visitation. er provided
. VIII. And be it further enacted, That no Person shall receive Regulations to be made a to his exclusive Care and Maintenance, except he be a Relative, as to Persons
one Insane Person, without first having an Order and Certifi- with whom nued, shown be signed by Two Physicians or Surgeons in Terms similar to Lunatics are ercion, Save at which is required on the Admission of
privately conInsane Person any
fined, inued, or patio a licensed House; and that every such Person so having reor Changes vived into his Charge any Insane Person as aforesaid shall, within Book or Busz ve Days thereof, transmit to the Sheriff of the County a Copy of visit and insteach Certificate, and shall also state the Parish wherein such
to mark tbez ouse shall be situate, and the Name of the Occupier thereof; bservations End such Order and Return may be sealed, and indorsed “ Private h House, or e-eturn;" and also on the First Day of January, or within Seven y Keeper of sc ays thereof, in every Year, every such Person shall also transmit ordered
, or in such Sheriff a Certificate signed by Two Physicians or Surthe Times en 2ons, describing the then actual State of such Insane Person ; e or neglect të rid in case of the Death or Removal of such Insane Person, he Et the Sum of fruall forthwith notify the same to such Sheriff; all which said Cera, me Manners i:ficates and Notifications shall be duly preserved; and the said Act.
heriff shall make or cause to be made therefrom a separate Reaane Person sha' ister, containing the true Christian and Surname of each Insane Lunatic Antas erson so confined, together with the Place of Confinement; required by the shich Register shall be open to the Inspection of His Majesty's ise ; and the si rincipal Secretary of State for the Home Department, or the spitals and as sord President of the Court of Session, or the Lord Justice Clerk, he is further not to such other Persons as shall be authorized to inspect the em such Hospiz ame, by an Order under their respective Hands; and any
Perspection, shalls on receiving into his Care any Person contrary to this Énact
aent, shall incur a Penalty of Fifty Pounds, to be recovered in Sat in every Hohe Manner before specified. ons there shal
: IX. Provided always, and be it further enacted, That it shall Secretary of Physician or end may be lawful for His Majesty's said Principal Secretary of State empowIn One hundred state, in all Cases in which any such Patient shall have been dis- ered to.erase by a Physician charged cured, upon his or her Application, verified, as to the
identity of Person and other Facts, to the Satisfaction of such Register.
Secretary of State, to direct that the Name of such Patient shall to the Keeperd be wholly erased from the said Register.
X. And be it enacted, That it shall and may be lawful for the Justices may
Justices of the Peace of every County in Scotland to name and appoint Three nexed; and sa appoint, at a Court of Quarter Sessions to be held annually
on the of their Number same Day on which the Michaelmas. Meeting of Freeholders takes
to inspect place, if they shall think fit so to do, any Three of their Number
Hospitals, &c. to visit and inspect any Private Madhouses or Asylums for the Custody of Lunatics situated in such County ; and such Three Justices so appointed, or any Two of them, shall have Power to visit and inspect any such Madhouses or Public Hospitals or Asy
5y a Physiciar el og Physician i
he Patients. in a Register
regularly lait efore-recied to timony of its for urther enacted herein any Host
with the Conscious o visit all suc
lums in their County accordingly, and to report annually the leaza:
annent to the Justices met in Quarter Sessions as aforesaid. This Act and XI. And be it enacted, That this Act shall be deemed z: the recited Act taken to be a part of the said recited Act; and this Act and the to be construed said recited Act shall be construed together, in giving Effect : together.
the said recited Act and this Act.
od be it f cabeca en
Sanch, Com si buards
e of this In Cases of Restraint the Necessity to be certified by the Physician, Surgeon, or Apothecer;
CA P. XXXV.
in Ireland against Judgments not revived or re-docketed Lande, Teo
[27th June 1898 elties sha
in making out Title to Freehold Property in Ireland enter and Pa «ments in the respective Courts of King's Bench, Common Pleas Living there
by reason not only of the Number of old outstanding Judge
and Exchequer, in that part of the United Kingdom, appears. Tha Five
same have been actually paid off and discharged, but also by
tify the Persons against whom such Judgments have been a be kept for
chasers for valuable Considerations; and it is expedient that
a Remedy be provided for 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 Commens,
in this present Parliament assembled, and by the Authority of the Judgments same, That all Judgments which shall, after the passing of this entered in the Act, be entered or recovered in His Majesty's Courts of King's Courts in Bench, Common Pleas, or Exchequer, in Ireland, shall
, after the Ireland to be null and void
Expiration of Twenty Years from the Date of the Entry or Recounless re
very thereof, be null and void as against Purchasers for valuable docketed and Consideration of any Lands, Tenements, or Hereditaments in