APPENDIX.

INTERPRETATION CLAUSES

OF THE

RECENT STATUTES RELATING TO THE LAW OF PROPERTY.

1 WILL. IV. CAP. 60.

An Act for Amending the Laws respecting Conveyances and Transfers of Estates and Funds vested in Trustees and Mortgagees; and for enabling Courts of Equity to give Effect to their Desrees and Orders in certain cases.

AND inasmuch as, in order to avoid unnecessary repetition, certain words are used in this Act as describing subjects some of which, according to their usual sense, such words would not embrace; for the understanding of the sense attached to them in this Act, be it further enacted, That the provisions of this Act shall extend to and include the several other estates and persons, matters and things hereinafter mentioned; (that is to say,) those relating to 'land,' to any manor, messuage, tenement, hereditament, or real property, of whatever tenure, and to property of every description transferrable otherwise than in books kept by any company or society, or any share thereof, or interest therein; those relating to 'stock,' to any fund, annuity, or security transferrable in books kept by any company or society established, or to be established, or to any money payable for the discharge or redemption thereof, or any share or interest therein; those relating to "dividends,' to interest, or other annual produce; those relating to a' conveyance,' to any fine, recovery, release, surrender, asssignment, or other assurance, including all acts, deeds, and things necessary for making and perfecting the same; those relating to a transfer,' to any assignment, payment, or other disposition; those relating to a 'lunatic,' to an idiot or person of unsound mind, or incapable of managing his affairs; those relating to an 'heir,' to any devisee or other real representative, by the common law or by custom or otherwise; and those relating to an 'executor,' to any administrator or other personal representative; unless there be something in the subject or context repugnant to such construction; and whenever this Act, in describing or referring to any trustee or other person, or any trust, land conveyance, matter, or thing, uses the word importing the singular number, or the masculine gender only, the same shall be understood to include, and shall be applied to several persons, as well as one person, and females as well as males, and bodies corporate as well as individuals, and several trusts, lands, stocks, conveyances, matters, or things respectively, as well as one trust, land, stock, conveyance, matter, or thing respectively, unless there be something in the subject or context repugnant to such construction. (Sect. 2).

1 WILL. IV. CAP. 65.

An Act for Consolidating and Amending the Laws relating to Property belonging to Infants, Femes Coverts, Idiots, Lunatics, and Persons of Unsound Mind.

And inasmuch as, in order to avoid unnecessary repetition, certain words are used in this Act as describing subjects, some of which, according to their usual sense, such words would not embrace; for the understanding of the sense attached to them in this Act, be it further enacted, That the provisions of this Act shall extend, and be construed to extend to, and include, the several other estates, matters, and things, hereinafter mentioned, (that is to say), those relating to 'land,' to any manor, messuage, tenement, hereditament, or real property, of whatsoever tenure, and to property of every description transferrable otherwise, than by books kept by any company or society, or any share thereof or charge thereon, or estate or interest therein; those relating to 'stock,' to any fund annuity or security, transferrable in books kept by any company or society, or to any money payable for the discharge or redemption thereof, or any share or interest therein; those relating to 'dividends,' to interest, or other annual produce; those relating to the Bank of England,' to the East India Company, South Sea Company, or any other company or society established, or to be established; those relating to a conveyance,' to any release, surrender, assignment, or other assurance-including all acts, deeds, and things, necessary for making and perfecting the same; those relating to a 'transfer,' to any assignment, payment, or other disposition; and those relating to a lunatic,' to any idiot, or person of unsound mind, or incapable of managing his affairs; unless there be something in the subject or context repugnant to such construction: and whenever this Act, in describing or referring to any person, or any land, stock, conveyance, lease, recovery, matter, or thing, uses the word importing the singular' number or the masculine gender' only, the same shall be understood to include, and shall be applied to several persons as well as one person, and females as well as males, and bodies corporate as well as individuals; and several lands, stocks, conveyances, leases, recoveries, matters, or things, as well as one land, stock, conveyance, lease, recovery, matter or thing, respectively, unless there be something in the subject or context repugnant to such construction. (Sect. 2).

3 & 4 WIL. IV. CAP. 27.

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

Be it enacted" that the words and expressions hereinafter 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 'land' shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes, (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same

shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure ;" and the word 'rent' shall extend to all heriots, and to all services and suits for which a distress may be made, and to all annuities and periodical sums of money charged upon, or payable out of any land, (except moduses or compositions belonging to a spiritual or eleemosynary corporation sole); and the person through whom' another person is said to claim, shall mean any person by, through, or under, or by the act of whom, the person so claiming became entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy of England, tenant in dower, successor, special or general occupant, executor, administrator, legatee, husband, assignee, appointee, devisee, or otherwise; and also any person who was entitled to an estate or interest, to which the person so claiming, or some person through whom he claims, became entitled as lord by escheat; and the word 'person' shall extend to a body politic, corporate, or collegiate, and to a class of creditors or other persons, as well as an individual; and every word importing the singular number' only, shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender' only, shall extend and be applied to a female as well as a male. (Sect. 1).

3 & 4 WILL. IV. CAP. 74.

An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance.

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 authority of the same, that, in the construction of this act, the word 'lands' shall extend to manors, advowsons, rectories, messuages, lands, tenements, tithes, rents, and hereditaments of any tenure (except copy of court roll,) and whether corporeal or incorporeal, and any undivided share thereof, but, when accompanied by some expression including or denoting the tenure by copy of court-roll, shall extend to manors, messuages, lands, tenements, and hereditaments of that tenure, and any undivided share thereof; and the word' estate' shall extend to an estate in equity as well as at law, and shall also extend to any interest, charge, lien, or incumbrance in, upon, or affecting lands, either at law or in equity, and shall also extend to any interest, charge, lien or incumbrance in, upon, or affecting money, subject to be invested in the purchase of lands; and the expression base fee' shall mean exclusively that estate in fee simple into which an estate tail is converted, where the issue in tail are barred, but persons claiming estates by way of remainder or otherwise, are not barred; and the expression estate tail,' in addition to its usual meaning, shall mean a base fee into which an estate tail shall have been converted; and the expression 'actual tenant in tail' shall mean exclusively the tenant of an estate tail which shall not have been barred, and such tenant shall be deemed an actual tenant in tail, although the estate tail may have been divested or turned to a right; and the expression tenant in tail' shall mean, not only an actual tenant in tail, but also a person who, where an estate tail shall have been barred and converted into a base fee, would have been tenant of such estate tail if the same had not been barred; and the expression

tenant in tail entitled to a base fee,' shall mean a person entitled to a base fee, or to the ultimate beneficial interest in a base fee, and who, if the base fee had not been created, would have been actual tenant in tail; and the expression money subject to be invested in the purchase of lands' shall include money, whether raised or to be raised, and whether the amount thereof be or be not ascertained, and shall extend to stocks and funds, and real and other securities, the produce of which is directed to be invested in the purchase of lands; and the lands to be purchased with such money or produce shall extend to lands held by copy of court-roll, and also to lands of any tenure in Ireland or elsewhere out of England, where such lands or any of them are within the scope or meaning of the trust or power directing or authorizing the purchase; and the word 'person' shall extend to a body politic, corporate, or collegiate, as well as an individual; and every word importing the singular number only shall extend and be applied to several persons or things, as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing, as well as several persons or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male; and every assurance already made or hereafter to be made, whether by deed, will, private act of parliament, or otherwise, by which lands are or shall be entailed, or agreed or directed to be entailed, shall be deemed a 'settlement;' and every appointment made in exercise of any power contained in any settlement, or of any other power arising out of the power contained in any settlement, shall be considered as part of such settlement, and the estate created by such appointment shall be considered as having been created by such settlement; and, where any such settlement is or shall be made by will, the time of the death of the testator shall be considered the time when such settlement was made: Provided always, that those words and expressions occurring in this clause, to which more than one meaning is to be attached, shall not have the different meanings given to them by this clause in those cases in which there is any thing in the subject or context repugnant to such construction." (Sect. 1).

3 & 4 WILL. IV. CAP. 105.

An Act for the Amendment of the Law relating to Dower.

Be it enacted, that the words and expressions hereinafter 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 wordland' shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal (except such as are not liable to dower), and to any share thereof; and every word importing the singular number only, shall extend and be applied to several persons or things as well as one person or thing.

END OF VOL. I.

W. M'DOWALL, PRINTER, PEMBERTON ROW, GOUGH SQUARE.