may claim to have to exempt the same from distribution, but that such No. XVIII. part in the hands of such Administrator shall be subject to distribution as in other cases within the said Act. [No. XIX. ] 4 William & Mary, c. 2.-An Act that the Inhabitants of the Province of York may dispose of their Personal Estates by their Wills, notwithstanding the Custom of that Province. 1 James II. c. 17. WHEREAS by custom within the province of York or other usage the 4 W. & M. c. 2. widows and younger children of persons dying inhabitants of that province are entitled to a part of the goods and chattels of their late husbands and fathers (called her and their reasonable part) notwithstanding any disposition of the same by their husbands and fathers last wills and testaments, and notwithstanding any jointures made for the livelihood of the said widows by their husbands in their lifetime which are competent and according to agreement, whereby many persons are disabled from making sufficient provision for their younger children:' For remedy whereof; II. Be it enacted by the King's and Queen's most excellent Majesties, Persons within by and with the advice and consent of the Lords Spiritual and Temporal, the Province of and Commons in this present Parliament assembled, and by the authority York may dis of the same, That from and after the six-and-twentieth day of March pose by Will of one thousand six hundred ninety and three, it shall and may be lawful all their Perfor any person or persons inhabiting or residing or who shall have any sonal Estate. goods or chattels within the province of York by their last wills and testaments to give bequeath and dispose of all and singular their goods chattels debts and other personal estate to their executor or executors or to such other person or persons as the said testator or testators shall think fit, in as large and ample manner as by the laws and statutes of this realm any person or persons may give and dispose of the same within the province of Canterbury or elsewhere: And that from and after the said six-and-twentieth day of March one thousand six hundred ninety and three, the widows children and other the kindred of such testator or testators shall be barred to claim or demand any part of the goods chattels or other personal estate of such testator or testators in any other manner than as by the said last wills and testaments is limited and appointed; any law statute or usage to the contrary in any wise notwithstanding. III. Provided always, That nothing in this Act contained shall extend or be construed to extend to the citizens of the cities of York and Chester who are or shall be freemen of the said respective cities inhabiting therein or within the suburbs thereof at the time of their death, but that every such citizen's widow and children shall and may have and enjoy such reasonable part and proportion of the testators personal estate as she or they might or ought to have had by the custom of the province of York before the making of this Act. The exception as to York is repealed by statute 2 & 3 Anne, c. 5.-With respect to Chester, there has not been any repeal, but the exception itself is nugatory; as the archdeaconry of Chester, within which the city of Chester is situate, is part of the ancient diocese of Lichfield and Co ventry, to which the custom of the province of York never applied; and was incorporated with the archdeaconry of Richmond, in the diocese of York, to form the new-erected diocese of Chester, by statute 33 Hen. VIII. c. 31. [No. XX. ] 4 & 5 William & Mary, c. 24.-An Act for reviving, continuing, and explaining several Laws therein mentioned, which are expired and near expiring. P. XII. AND he it further enacted by the authority aforesaid, That an Act 4 & 5 W. & M made in the thirtieth year of the reign of King Charles the c. 24. No. XX. 4 & 5 W. & M. e. 24. 30 Car. 2. st. 1. c. 7. continued by 1 Jac. 2. c. 17. sec. 14. hereby made perpetual Devastavit against Executors by Right. Further parts in Vol. 3.p.317. and Vol. 6. p. 861. 7 & 8 W. III. c. 38. Inhabitants of Wales may for the future, dispose of their Goods and Chattels by Will, &c. Second, intituled An Act to enable_Creditors to recover their Debts of the Executors and Administrators of Executors in their own Wrong; which said Act in the first year of the reign of the late King James the Second, was enacted to be in force from the first day of the then present Session of Parliament and to continue for seven years, and from thence to the end of the first Session of the then next Parliament shall be and is hereby continued and made perpetual. And forasmuch as it hath been a doubt whether the said Act did extend to any executor or executors administrator or administrators of any executor or administrator of right, who for want of privity in law were not before answerable nor could be sued for the debts due from or by the first testator or intestate, notwithstanding that such executors or administrators had wasted the goods and estate of the first testator or intestate or converted the same to his or their own use: For remedy whereof be it further enacted and declared by the authority aforesaid, That all and every the executor and executors administrator or administors of such executor or administrator of right who shall waste or convert to his own use goods chattels or estate of his testator or intestate, shall from henceforth be liable and chargeable in the same manner as his or their testator or intestate should or might have been, any law or usage to the contrary notwithstanding. [No. XXI. ] 7 & 8 William III. c. 38.-An Act to take away the Custom of Wales, which hinders Persons from disposing their Personal Estates by their Wills. WHEREAS in several counties and places within the principality of Wales and marches thereof the widows and younger children of persons dying inhabitants therein have often claimed and pretended to be entitled to a part of the goods and chattels of their late husbands " or fathers called her and their reasonable part by virtue or colour of a 'custom or other usage within the said principality and marches thereof notwithstanding any disposition of the same by their husbands and 'fathers last wills and testaments or by deed in their lives time, and notwithstanding a competent jointure according to the agreement made for the livelihood of the said widows by their husbands which have ⚫ often occasioned great troubles disputes and expences about and concerning such custom and usage whereby many persons have been and are disabled from making sufficient provision for their families younger children and relations and great disputes troubles and expences have ' often happened concerning the same to the great damage or ruin of many: For remedy whereof and for preventing all questions doubts and difficulties for the future touching the said custom and usage, 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 from and after the twenty-fourth day of June one thousand six hundred ninety-six, it shall and may be lawful for any person or persons inhabiting or residing or who shall have any goods or chattels within the principality of Wales or marches thereof by their last wills and testaments to give bequeath and dispose of all and singular their goods chattels debts and other personal estate to their executor or executors or to such other person or persons as the said testator or testators shall think fit in as large and ample manner as by the laws and statutes of this realm any person or persons may give and dispose of the same within any part of the province of Canterbury or elsewhere; and that from and after the said twenty-fourth day of June one thousand six hundred ninety-six, the widows children and other the kindred of such testator or testators shall be barred to claim or demand any part of the goods chattels or other personal estate of such testator or testators in any other manner than as by the said last wills and testaments is limited and appointed; any law sta tute custom or usage to the contrary in anywise notwithstanding. II. Provided always, That nothing in this Act contained shall extend to take away any right or title which any woman now married or younger children now born may have to the reasonable part of their husbands or fathers estate by virtue or colour of the said custom or usage. No. XXI. 7 & 8 W. III. c. 38. ready married, 2 & 3 Anne, c. 5. 4 W. & M. c. 2. [No. XXII. ] 2 & 3 Anne, c. 5.-An Act to repeal a Not to take Proviso in an Act of the Fourth Year of the Reign away the Right of King William and Queen Mary, which prevents the of Women alCitizens of the City of York from disposing of their &c. personal Estates by their Wills, as others inhabiting within the Province of York by that Act may do. WHEREAS by an Act made and passed in the fourth year of the reign of their late Majesties King William and Queen Mary, in• tituled Ån Act that the Inhabitants of the Province of York may dispose of their personal Estates by their Wills, notwithstanding the Custom of that Province: In which Act there is a proviso, That nothing in the said Act contained should extend or be construed to extend to the citizens of the cities of York and Chester who were or should be freemen of the said respective cities inhabiting therein or within the 'suburbs thereof at the time of their death: But that every such citizen's widow and children should and might have and enjoy such reasonable part and proportion of the testator's personal estate as she or they might or ought to have had by the custom of the province of York before the making of the said Act: And whereas, notwithstanding the mayor and commonalty on behalf of the inhabitants of the said city of York have humbly desired that the said proviso may be repealed so that the freemen of the said city may have the benefit of the said Act of Parliament as well as all other persons inhabiting within the said province;' Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled, and by the authority of the same, That from and after the six-and-twentieth day of March in the year of our Lord one thousand seven hundred and four, the said proviso so far as the same concerns the citizens of the city of York shall be repealed and is hereby repealed and made null and void, so that from thenceforth it shall and may be lawful for all and every the citizens of the said city of York who are or shall be freemen of the said city inhabiting therein or Freemen of within the suburbs thereof at the time of their death by their last wills York may disand testaments to give bequeath and dispose of their goods chattels pose of their debts and other personal estates to their executor or executors or to such personal Esother person or persons as the said testator or testators shall think fit as tates by Will. any other person or persons inhabiting or residing within the said province of York may lawfully do by virtue of the said Act: And that from Widows or and after the said six-and-twentieth day of March the widows children Children barred and other kindred of such testator or testators shall be barred to claim or from Claim, demand any part of the goods chattels or other personal estate of the otherwise than testator or testators in any other manner than as by the said last wills by Testators and testaments is limited and appointed; any thing in the said Act Will. or any other law statute or usage to the contrary in anywise notwith standing. II. Provided and be it enacted, That this Act shall be taken and al- Public Act. lowed in all courts within this kingdom as a publick Act; and all judges and justices are required as such to take notice thereof without special pleading the same. [ No. XXIII. ] 4 & 5 Anne, c. 16.-An Act for the Amendment of the Law, and the better Advancement of Justice. [Inserted Part I. Class I. No. 25. See Sections 14, 27.] No XXIV. 11 Geo. I. c. 18. p. 11 Geo. I. c. 18. made after 1st June 1725, may dispose of their Personal Estate as they think fit. [ No. XXIV. ] 11 George I. c. 18.-An Act for regulating Elections within the City of London, and for preserving the Peace, good Order and Government of the said City. XVII. AND to the intent that persons of wealth and ability who exercise the business of merchandize and other laudable What Freemen employments within the said city may not be discouraged from becoming free of the same by reason of the custom restraining the citizens and freemen thereof from disposing of their personal estates by their last wills and testaments; Be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all and every person and persons who shall at any time from and after the said first day of June one thousand seven hundred and twenty-five, be made or becoine free of the said city, and also to and for all and every person and persons who are already free of the said city and on the said first day of June one thousand seven hundred and twenty-five, shall be unmarried and not have issue by any former marriage to give devise will and dispose of his and their personal estate and estates to such person and persons and to such use and uses as he or they shall think fit; any custom or usage of or in the said city or any bylaw or ordinance made or observed within the same to the contrary thereof in anywise notwithstanding. Exception. 38 Geo. III. c. 87. XVIII. Provided nevertheless, That in case any person who shall at any time or times from and after the said first day of June one thousand seven hundred and twenty-five, become free of the said city, and any person or persons who are already free of the said city, and on the said first day of June one thousand seven hundred and twenty-five, shall be unmarried and not have issue by any former marriage hath agreed or shall agree by any writing under his hand upon or in consideration of his marriage or otherwise that his personal estate shall be subject to or be distributed or distributable according to the custom of the city of London; and in case any person so free or becoming free as aforesaid shall die intestate: in every such case the personal estate of such person so making such agreement or so dying intestate shall be subject to and be distributed and distributable according to the custom of the said city; any thing herein contained to the contrary in anywise notwithstanding. [ No. XXV. ] 25 George II. c. 6.—An Act for avoiding and putting an End to certain Doubts and Questions relating to the Attestation of Wills and Codicils concerning real Estates in that Part of Great Britain called England, and in his Majesty's Colonies and Plantations in America. [Inserted Part II. Class XI. No. VIII.] [ No. XXVI. ] 38 George III. c. 87.-An Act for the Administration of Assets in Cases where the Executor to whom Probate has been granted is out of the Realm. —[28th June 1798.] WHEREAS the laws now existing are not sufficient to enforce a speedy distribution of the assets of deceased persons where the executor to whom probate of the will hath been granted is out of the jurisdiction of his Majesty's courts of law and equity;' 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 at the expiration c. 87. of twelve calendar months from the death of any testator if the executors No. XXVI. or executor to whom probate of the will shall have been granted are or is then residing out of the jurisdiction of his Majesty's courts of law and 38 Geo. III. equity, it shall be lawful for the Ecclesiastical Court which hath granted probate of such will upon the application of any creditor next of kin or legatee grounded on the affidavit hereinafter mentioned to grant such special administration as hereinafter is also mentioned; which ad- If, at the Exministration shall be written or printed upon paper or parchment twelve Months piration of stamped only with one five-shilling stamp and shall pay no further or from a Testaother duty to his Majesty his heirs or successors. tor's Decease the Executor to whom Probate is granted, shall not reside within the Jurisdiction of his Majesty's Courts, a Creditor, &c. may obtain Special Administration on a 5s. Stamp. II. And be it further enacted, That the party applying to the Spiritual Court to grant such administration as aforesaid shall make an Affidavit in the following words or to the purport and effect following: I 4. B. of do swear, That there is due and owing to me upon bond or simple contract or upon account unsettled as the case may happen to be (in which latter case he shall swear to the best of his belief only) from the estate and effects of deceased, the sum of and that C. D. the only executor capable of acting, and to whom probate hath been granted, hath departed this kingdom and is now out of the jurisdiction of his Majesty's courts of law and equity, and that this deponent is desirous of exhibiting a bill in equity in his Majesty's court of for the purpose of being paid his demand out of the assets of the said 'testator.' III. And be it further enacted, That the administration to be granted pursuant to this Act shall be in the form hereinafter mentioned; (that is to say,) by divine providence, Archbishop of Canterbury, Primate of all England and Metropolitan, to our well-beloved in Christ greeting: Whereas it hath been alleged before the worshipful doctor of laws master keeper or commissary of our prerogative court of Canterbury lawfully constituted by you the said That did, whilst living and of sound mind memory and ⚫ understanding, make and duly execute his last will and testament in ⚫ proved the said will by the authority of our said court, and now reside (or 'the said 6 a creditor (legatee) or (one of the next kin) of the said deceased (as the case may be) limited for the purpose, to become and be made a party to a bill or bills to be exhibited against you in any of his Majesty's courts of equity and to carry the decree or decrees of any of the said court or courts into effect, but no further or otherwise (justice so requiring): And we being desirous that the said goods chattels and credits may be well and faithfully administered applied and disposed of according to law, do therefore by these presents grant full power and authority to you in whose fidelity we confide to administer and faithfully dispose of the said goods chattels and credits according to the tenor and effect of the said will, limited as aforesaid, so far as such goods 'chattels and credits of the deceased will thereto extend, and the law ' requires you having been already sworn well and faithfully to admi The Party applying to make the following Affidavit. Administration to be granted in the following Form. |