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may be exercised jointly with persons entitled to possession of, or having power to act in relation to, the other undivided share or shares.
(7.) This section applies only if and as far as a contrary intention is not expressed in the instrument under which the interest of the infant arises, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(8.) This section applies only where that instrument comes into operation after the commencement of this Act.
43.+(1.) Where any property is held by trustees in trust for Application by an infant, either for life, or for any greater interest, and whether income of proabsolutely, or contingently on his attaining the age of twenty-perty of infant
for maintenance, one years, or on the occurrence of any event before his attaining cc. that age, the trustees may, at their sole discretion, pay to the infant's parent or guardian, if any, or otherwise apply for or towards the infant's maintenance, education, or benefit, the income of that property, or any part thereof, whether there is any other fund applicable to the same purpose, or any person bound by law to provide for the infant's maintenance or education, or not.
(2.) Tbe trustees shall accumulate all the residue of that income in the way of compound interest, by investing the same and the resulting income thereof from time to time on securities on wbich they are by the settlement, if any, or by law, authorised to invest trust money, and shall hold those accumulations for the benefit of the person who ultimately becomes entitled to the property from which the same arise; but so that the trustees may at any time, if they think fit, apply those accumulations, or any part thereof, as if the same were income arising in the then current year.
(3.) This section applies only if and as far as a contrary intention is not expressed in the instrument under which the interest of the infant arises, and shall have effect subject to the terms of that instrument and to the provisions therein contained.
(4.) This section applies whether that instrument comes into operation before or after the commencement of this Act.
3 & 4 WILL. 4, c. 106. 2. In every case descent shall be traced from the purchaser. “ Purchaser."
Heir takes as devisee.
Admission of ancestors.
The person last entitled to the land who did not inherit shall be considered the purchaser.
3. When any land shall have been devised by any testator who shall die after the 31st day of December, 1833, to the heir, or to the person who shall be the heir of such testator, such heir shall be considered to have acquired the land as a devisee, and
not by descent. Estate by pur- When any land shall have been limited by any assurance
executed after the 31st December, 1833, to the person who sball thereby have conveyed the same land or his heirs, such person shall be considered to have acquired the same as a purchaser.
4. When any purchaser shall have acquired any land by purchase under a limitation to the heirs, or to the heirs of the body of any of his ancestors, contained in an assurance executed after the 31st December, 1833, or under a limitation to the heirs, or to the heirs of the body, of any of his ancestors, or under any limitation having the same effect, contained in a will of any testator who shall die after that day, such land shall descend as if the ancestor named in such limitation had been the purchaser.
5. No brother or sister shall be considered to inherit imme. brother or sister.
diately from his or her brother or sister, but every descent from a brother or sister shall be traced through the parents.
6. Every lineal ancestor shall be capable of being heir to any of his issue; and in every case where there shall be no issue of the purchaser, his nearest lineal ancestor shall be his heir in preference to any person who would have been entitled to inherit either by tracing his descent through such lineal ancestor, or in consequence of there being no descendant of such lineal ancestor, so that the father shall be preferred to a brother or sister, and a more remote lineal ancestor, to any of his issue other than a nearer lineal ancestor or his issue.
7. None of the maternal ancestors of the person from whom the descent is to be traced, nor any of their descendants, shall be capable of inheriting until all his paternal ancestors and their descendants shall have failed.
No female paternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male paternal ancestors and their descendants shall have failed.
No female maternal ancestor of such person, nor any of her descendants, shall be capable of inheriting until all his male maternal ancestors and their descendants hall have failed.
8. Where there shall be a failure of male paternal ancestors of the person from whom the descent is to be traced and their descendants, the mother of his more remote male paternal ancestor or her descendants, shall be the heir or heirs of such person in preference to the mother of a less remote male paternal ancestor or her descendants.
Where there shall be a failure of male maternal ancestors of such person and their descendants, the mother of his more remote male maternal ancestor and her descendants shall be the heir or heirs of such person in preference to the mother of a less remote male maternal ancestor and her descendants. 9. Any person related to the person from whom descent is to Admission of
half blood. be traced, by the half blood, shall be capable of being his heii, and the place in which any such relation shall stand in the order of inheritance so as to be entitled to inherit, shall be next after any relation in the same degree of the whole blood and his issue where the common ancestor shall be a male, and next after the common ancestor where such common ancestor shall be a female, so that the brother of the half blood on the part of the father shall inherit next after the sisters of the whole blood on the part of the father and their issue, and the brother of the half blood on the part of the mother shall inherit next after the mother.
10. When the person from whom the descent is to be traced shall have had any relation, who, having been attainted, shall have died before such descent shall have taken place, such attainder shall not prevent his descendants from inheriting as if he had not been attainted.
11. This Act shall not extend to any descent on the death of a person before the 1st of January, 1834.
An Act to further Amend the Law of Property, and to
22 & 23 Vict. c. 35.(a) 19. Where there shall be a total failure of heirs of the pur- Failure of heirs
of purchaser. chaser, or where any land shall be descendible as if an ancestor had been the purchaser, and there shall be a total failure of the heirs of such ancestor, the land shall descend, and the descent shall be traced from the person last entitled, as if he had been the purchaser.
20. Sect. 19 shall be read as part of the 3 & 4 Will. 4, c. 106.
INNKEEPERS. An Act to Amend the Law respecting the Liability of Innkeepers, and to prevent certain rauds upon them.
26 & 27 Vict. c. 41. 1. No innkeeper shall be liable to make good to any guest of Limitation of
liability. (a) For other sections of this Act, see titles, “Leases and Real Property (Miscellaneous Act).”
such innkeeper any loss of or injury to goods or property brought
or injured through the wilful act, default, or neglect of
such innkeeper or his servant. (2.) Where the same shall have been deposited expressly for
safe custody with such innkeeper. Proviso: In case of such deposit, the innkeeper may require as a condition of his liability, that such goods or property shall be deposited in a box, or other receptacle, fastened and sealed by the depositor.
2. If any innkeeper shall refuse to receive for safe custody any receive goods.
goods or property of his guest, or if such guest shall through any default of such innkeeper be unable to deposit the same, such innkeeper sabll not be entitled to the benefit of this Act in respect
of the same. Copy of sect. 1 to
3. Every innkeeper shall cause at least one copy of sect. 1 (a) de conspicuously exhibited. printed in plain type to be exhibited in a conspicuous part of the
hall or entrance to his inn, and shall be entitled to the benefit of this Act in respect of such goods or property only as shall be brought to his inn while such copy shaīl be so exhibited.
4. “Inn ” shall mean hotel, inn, tavern, public-house, or other place of refreshment, the keeper of which is by law responsible for the goods and property of his guest.
The Innkeepers Act, 1878.
41 & 42 VICT. C. 38. Power to land- 1. The landlord, proprietor, keeper, or manager of any hotel, lords, &c., to dispose of goods inn, or licensed public-house shall, in addition to his ordinary left with them.
lien (b), have the right absolutely to sell and dispose by public auction of any goods, chattels, carriages, horses, wares, or merchandise which may have been deposited with him or left in the house he keeps, or in the coach-house, stable, stable-yard, or other premises appurtenant or belonging thereunto, where the person depositing or leaving such goods, chattels, carriages, horses, wares, or merchandise shall be or become indebted to the said innkeeper either for any board or lodging or for the keep and
(a) It must be a correct copy of the section. Where the word “ Act" ia sub-sect. (1) was omitted, the omission was held to be material, and the innkeeper not protected by the statute : (Spice v. Bacon, 2 Q. B. Div. 463.)
(6) As to the lien of innkeepers, see Mulliner v. Florence (3 Q. B. Div.
expenses of any horse or other animals left with or standing at livery in the stables or fields occupied by such innkeeper.
Provided that no such sale shall be made until after the said Provisog. goods, chattels, carriages, horses, wares, or merchandise shall have been for the space of six weeks in such charge or custody or in or upon such premises without such debt having been paid or satisfied, and that such innkeeper, after having, out of the proceeds of such sale, paid himself the amount of any such debt, together with the costs and expenses of such sale, shall on demand pay to the person depositing or leaving any such goods, chattels, carriages, horses, wares, or merchandise the surplus (if any) remaining after such sale: Provided further, that the debt for the payment of which a sale is made shall not be
other or greater debt than the debt for which the goods or other articles could have been retained by the innkeeper under his lien.
Provided also, that at least one month before any such sale the Notice of sale. landlord, proprietor, keeper, or manager shall cause to be inserted in one London newspaper and one country newspaper circulating in the district where such goods, chattels, carriages, horses, wares, or merchandise, or some of them, shall have been deposited or left, an advertisement containing notice of such intended sale, and giving shortly a description of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same, where known.
interest in certain cases.
better Advancement of Justice.
3 & 4 WILL. 4, c. 42. (6) 28. Upon all debts or sums certain payable at a certain time Jury may allow or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate from the time when such debts or sums were payable if payable by virtue of some written instrument at a certain time, or if payable otherwise, from demand of payment in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until payment.
29. The jury in the above cases may, if they shall think fit,
(a) As to interest on judgments, see 1 & 2 Vict. c. 110, 8. 17, title “ Judgmente, post, p. 140.
(6) For other sections of this Act, see titles, “Limitation of Actions (Miscellaneous Acts)," and “ Trustees, Executors, and Administrators," post.