Page:Ruffhead - The Statutes at Large - vol 7.djvu/725

A. D. 1756. CAP. XXXI. An Act to enable Infants, Lunaticks and Femes Covert to surrender Leases in order to renew the same.

HEREAS divers Lands, Tenements and Hereditaments have been, and may be, granted by Lease for the Life of one or more Person or Persons, or for Terms of Years absolute, or de- terminable upon the Death of one or more Person or Persons or otherwise : And whereas in order to obtain a Renewal of such Leases, it is in many Cases necessary to surrender up the Estates thereby granted; which Surrenders cannot be effectually made by Persons under the Age of twenty-one Years nor Lunaticks, nor by Femes Covert without levying a Fine, to the manifest Detriment of them and their Families;'

Be it therefore enacted by the King's most Excellent Majefty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament assembled, and by the Authority of the same. That in all Cases where any Person under the Age of twenty-one Years, or any Lunatick or Feme Covert, is or shall become interested in or intitled to any Lease or Leases made or granted, or to be made or granted, by any Person or Persons, Bodies Politick, Corporate or Collegiate, Aggregate or Sole, for the Life or Lives of one or more Person or Persons, or for any Term of Years, either absolute or determinable upon the Death of one or more Person or Persons or otherwise, it shall and may be lawful for such Person under the Age of twenty-one Years, or for his or her Guardian or Guardians, or other Person or Persons, on his or her Behalf, and for such Lunatick, or hjs or her Guardian or Guardians, Committee or Committees of the Estate, or other Person or Per- sons on his or her Behalf, and for such Feme Covert, or any other Person or Persons on her Behalf,

to apply to the high Court of Chancery of Great Britain, the Court of Exchequer, the Courts of Equity of the Counties Palatine of Chester, Lancaster and Durham, or the Courts of Great Session of the Prin- cipality of Wales respectively, by Petition or Motion, in a summary Way,

and by the Order and Di- rection of the said Courts respectively made, upon hearing all Parties concerned, such Person under the Age of twenty-one Years, and such Lunatick, or Person or Persons appointed by the said Courts re- spectlively,

and also such Feme Covert, by Deed or Deeds only, without levying any Fine, shall and may be enabled, from Time to Time, to surrender such Lease or Leases, and accept and take, in the Name, and for the Benefit of such Person under the Age of twenty-one Years, or Lunatick, or Feme Covert, one or more new Lease or Leases of the Premisses comprised in such Lease or Leases surrendered by virtue of this Act, for and during such Number of Lives, or for such Term or Terms of Years, de- terminable upon such Number of Lives, or for such Term or Terms of Years absolute, as was or were mentioned or contained in such Lease or Leases so surrendered, at the making thereof respectively, or otherwise as the said Courts shall respectively direct.

II. And be it further enacted by the Authority aforesaid. That all and every Sum and Sums of Mo- ney, and other Consideration, paid or advanced by any such Guardian, Trustee, Committee or other Person, as and for a Fine or Income, or in the Nature of a Fine or Income, for or on account of the Renewal of any such Lease or Leases, and all reasonable Charges incident thereto, shall be out of the Estate or Effects of the Infant or Lunatick for whose Benefit the said Lease or Leases be renewed, or shall be a Charge and Incumbrance upon the Leasehold Premisses, together with Interest for the same, as the said Courts respectively shall direct and determine;

and as for and concerning Leases to-be made upon Surrenders by Femes Covert, uness the Fine or Consideration of such Lease, and the reasonable Charges, shall be otherwise paid or secured, the same, together with Interest, shall be a Charge or Incumbrance upon such Leasehold Premisses, for the Use and Benefit of such Person or Persons who shall advance the same.

III. And be it further enacted by the Authority aforesaid, That the respective Leases to be so renewed shall operate, and be to the same Uses, and be liable to the same Trusts, Charges, Incumbrances, Dis- positions, Devises and Conditions, as the Leases to be, from time to time, surrendered as aforesaid, were or would have been subject to, in case such Surrender had not been made; any thing in this or any for- mer Law to the contrary notwithstanding.

IV. And be it further enacted and declared. That every such Surrender, and such Lease or Leases granted thereupon, shall be, and be deemed as valid and legal, to all Intents and Purposes, as if such Surrender had been made by and on the Behalf of a Person of full Age, sane Mind, or not married; any thing in this or any former Law to the contrary notwithstannding.

CAP. XXXII. An Act to indemnify Persons who have omitted to qualify them selves according to the Direc- tions of several Acts of Parliament within the Times limited by such Acts respectively, and for allowing further Time for that Purpose; and concerning the Admissions of Officers and Members of Cities, Corporations and Borough Towns; and the filing of Affidavits of Articles of Clerkship.

HEREAS divers Persons who on account of their Offices, Places, Employments or Profes- sions, or any other Cause or Occassion, ought to have taken and subscribed the Oaths or the Assurance respectively appointed to be by such Persons, in and by an Act made in the first Year of