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41. The commissioners may commute future duties. 42. The duty imposed by this Act shall be a first charge on Duty to be a

first charge on the interest of the successor, and of all persons claiming in his right, property in all the real property in respect whereof such duty shall be assessed, and also on the interest of the successor in personal property while the same shall remain in the ownership or control of the successor or his trustee, guardian, committee, tutor, or curator, or of the husband of any wife who shall be the succes

Such duty shall be a debt due to the Crown, having, in the case of real property comprised in any successor, priority over all charges and interests created by the successor, but shall not charge any other of his real property.

44. Besides the successor, trustees, guardians, committees, &c., Persons shall be personally accountable for succession duty to the extent accountable of property received, and such persons may compound, or pay in advance, or commute any duty and retain the same out of the property, or raise the same on the security thereof.

45. Notice of succession is to be given to the commissioners, Notice of suctogether with a full and true account of the property and the value thereof, deductions, and other particulars.

46. As to penalties for not giving notice.

50. Any accountable party dissatisfied with the assessment Appeal. of the commissioners may appeal to the [Queen’s Bench Division] or, where the sum in dispute in respect of duty does not exceed 501., to the County Court.

52. Every receipt and certificate purporting to be in discharge Protection to of the whole duty payable for the time being in respect of any

purchasers. succession, or any part thereof, shall exonerate a bonâ fide purchaser for valuable consideration without notice, notwithstanding any suppression or misstatement in the account.

cession.

TRUSTEES, EXECUTORS, AND

ADMINISTRATORS.

4 Edw. 3, c. 7. Item. Whereas in times past executors have not had actions for a trespass done to their testators as of the goods and chattels of the same testators carried away in their life, and so such trespassers have hitherto remained unpunished : It is enacted that the executors in such cases shall have an action against the trespassers, and recover their damages in like manner as they whose executors they be should have had if they were in life.

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Actions by and against executors, de,

An Act for the further Amendment of the Law, and the

better Advancement of Justice.

3 & 4 WILL. 4, c. 42.(a) 2. An action may be maintained by the executors or administrators of any person deceased, for any injury to the real estate of such person committed in his lifetime, for which he might have maintained an action, so as such injury shall have been committed within six calendar months before the death of such person ; and provided such action shall be brought within one year after the death of such person, and the damages, when recovered, shall be part of the personal estate of such person. An action

may

be maintained against the executors or administrators of any person deceased, for any wrong committed by him in his lifetime to another, in respect of his property real or personal, within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate. (6)

14. An action of debt on simple contract shall be maintainable in any court of common law against any executor or administrator.

37. It shall be lawful for the executors or administrators of any lessor or landlord to distrain for rent due in his lifetime in like manner as such lessor or landlord could have done.

38. Such rent may be distrained for within six months after the determination of the term of tenancy, and during the continuance of the possession of the tenant.

Power to executors, &c., to distrain.

An Act for better securing Trust Funds and for the Relief

of Trustees.

10 & 11 Vict. C. 96. (c) Trustees, &c., 1. All trustees, executors, administrators, or other persons,

having in their hands any moneys, or any stocks or securities, stocks, &c., into standing in their names, belonging to any trust, or the major

part of them, may, on filing an aflidavit shortly describing the instrument creating the trust, pay such moneys into the

may pay moneys or transfer

.

(a) For other sections of this Act, see ante, pp. 135 and 190.

(6) Where an action founded on tort was commenced against a defendant who died more than six months afterwards, it was held that it could not be properly continued against his esecutors : (Kirk v. Todd, 46 L. T. 192; 51 L. 3. 445, Ch.)

(c) For the practice under this Act, see Haynes's Chancery Practice, pp. 299 et seq.

[Chancery Division], and transfer or deposit such stocks and securities into or in the name of the [Paymaster-General], in trust to attend the orders of the court.

2. Such orders may be made upon petition.

An Act for the further Relief of Trustees.

12 & 13 Vict. c. 74. (a) This Act gives power to the court, upon application of a court may order majority of the trustees, to order the payment or transfer of payment, &c. trust moneys, stocks, or securities, as mentioned in the previous Act, into the Chancery Division].

trustees and mortgagees.

The Trustee Act, 1850.

13 & 14 Vict. C. 60. (a) 3. When any lunatic, or person of unsound mind, shall be Lunatic, &c., possessed of any lands upon trust or by way of mortgage, the Lord Chancellor may order that such lands be vested in such person or persons, in such manner, and for such estate, as he shall direct, and the order shall have the same effect as if the trustee or mortgagee had been sane, and had duly executed a conveyance or assignment in accordance therewith.

4. Similar enactment with regard to contingent rights of lunatic, &c., trustees and mortgagees.

5. When any lunatic, or person of unsound mind, sball in like manner be solely entitled to any stock or chose in action, the Lord Chancellor may make an order vesting in any person or persons the right to transfer such stock, or to receive the dividends, or to sue for and recover such chose in action or any interest in respect thereof.

When any person or persons shall be so entitled jointly with any lunatic, &c., the Lord Chancellor may make a similar order vesting such right either in such person or persons jointly entitled, or in them together with any other person or persons the Lord Chancellor may appoint. (6)

6. When any stock shall be standing in the name of any deceased person whose personal representative is a lunatic, &c., or when any chose in action shall be vested in any lunatic, &c., as the personal representative of a deceased person, the Lord

(a) For the practice under this Act, see Haynes's Chancery Practice, pp. 299 et seq.

(6) The petition must be served upon the committee of the estate of the lunatic : (Re Saumarez, 25 L. J. 575, Ch.)

Infant trustees

Chancellor may make an order vesting such rights as mentioned in sect. 5, in any person or persons he may appoint.

7. Where an infant shall be possessed of lands upon any and mortgagees, trust or by way of mortgage, the [Chancery Division] may make

such vesting order as it shall direct, which shall have the same effect as if the infant had been twenty-one years of age, and had duly executed a conveyance or assignment in accordance therewith.

8. Similar enactment with regard to contingent rights of

infant trustees and mortgagees. Where trustee 9. When any person solely possessed of lands upon trust, shall out of jurisdic- be out of the jurisdiction, or cannot be found, the court may tion

make such vesting order as it shall direct, which shall have the same effect as if the trustee had duly executed a conveyance or assignment in accordance therewith.

10. When any person or persons shall be possessed of lands jointly with a person out of the jurisdiction, or who cannot be found, the court may make an order vesting the lands in the person or persons so jointly possessed, or in such person or persons together with any other person or persons, in such manner, and for such estate, as the court shall direct, which shall have the same effect as if the trustee out of the jurisdiction, or who cannot be found, had duly executed a conveyance or assignment in accordance therewith.

11. When any person solely entitled to a contingent right in any lands upon trust shall be out of the jurisdiction, or cannot be found, the court may make an order wholly releasing such lands from such contingent right, or disposing of the same to such person or persons as the said court shall direct, which shall have the same effect as if the trustee had executed a conveyance in accordance therewith.

12. When any person jointly entitled with any other person or persons to a contingent right in any lands upon trust shall be out of the jurisdiction, or cannot be found, the court may make an order disposing of the contingent right of the person out of the jurisdiction, or who cannot be found, to the person or persons so jointly entitled, or to them together with any other person or persons, which shall have the same effect as if the trustee out of the jurisdiction, or who cannot be found, had

duly executed a conveyance in accordance therewith. Where survivor

13. Where there shall have been two or more persons jointly

possessed of lands upon trust, and it shall be uncertain which uncertain.

of such trustees was the survivor, the court may make such vesting order as it shall direct, which shall have the same effect as if the survivor of such trustees had duly executed a conveyance or assignment in accordance therewith.

14. Similar enactment where it is uncertain whether the last trustee be living or dead.

of trustees

dies without heir.

of unborn

lieu of
veyance.

15. Where any person seised of lands upon trust shall have Where trustee died intestate as to such lands, without an heir, or shall have died, and it shall not be known who is his heir or devisee, the court may make such vesting order as it shall direct, which shall have the same effect as if such heir or devisee had duly executed a conveyance in accordance therewith.

16. When any lands are subject to a contingent right in an Contingent right unborn person, or class of unborn persons, who, upon coming trustee. into existence, would, in respect thereof, become possessed thereof upon trust, the court may make an order which shall wholly release and discharge such lands from such contingent right, or which shall vest in any person or persons the estate or estates which such unborn person, or class, would, upon coming into existence, be possessed of in such lands.

19. When any person to whom lands have been conveyed by Vesting order in way of mortgage, shall have died without having entered into possession or receipt of the rents and profits thereof, and the money due in respect of such mortgage shall have been paid to a person entitled to receive the same, or such last-mentioned person shall consent to an order for the reconveyance of such lands, then in any of the following cases the court may make such vesting order as it shall direct When an heir or devisee of such mortgagee shall be out of

the jurisdiction or cannot be found.
When an heir or devisee of such mortgagee shall, upon a

demand by a person entitled to require a conveyance of
such lands, or his duly authorised agent, have stated in
writing that he will not convey the same for the space of
twenty-eight days next after a proper deed for conveying
such lands shall have been tendered to him by a person

entitled as aforesaid, or his agent.
When it shall be uncertain which of several devisees of such

mortgagee was the survivor. When it shall be uncertain as to the survivor of several

devisees of such mortgagee, whether he be living or dead. When such mortgagee shall have died intestate as to such

lands, and without an heir, or shall have died, and it shall

not be known who is his heir or devisee. The order made in any one of the foregoing cases shall have the same effect as if the heir or devisee had duly executed a conveyance or assignment in accordance therewith.

20. If more convenient, instead of making such vesting order, the court may make an order appointing a person to convey, &c.

22. When any person or persons shall be jointly entitled with When trustee of any person out of the jurisdiction, or who cannot be found, or

jurisdiction. concerning whom it shall be uncertain whether he be living or dead, to any stock or chose in action upon trust, the court may

stock out of

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