Bill of ex penses on adminis tration granted to creditors, to be laid before the XXXIV. And be it further enacted and declared, by the letters of authority aforesaid, That, in all cases where it shall be necessary to grant letters of administration, or letters of administration with will annexed, to any creditor or creditors of such petty officer, seaman, non-commissioned officer of registers of marines or marine, the proctor or proctors suing forth, or the prero- causing the same to be sued forth, shall make out a bill of gative court, to be costs, which he or they may have actually paid for stamps, taxed, &c. or fees in the ecclesiastical court, or otherwise or elsewhere, and which bill of expenses shall also contain an account of charges for his or their pains and trouble in every thing attending or relating to the suing out, or causing to be sued out, such letters of administration, or letters of administration with will annexed; which bill of expenses and charges the said proctor or proctors shall lay before the registers of the prerogative court of Canterbury, or certain deputies authorised to act for them, to be examined and taxed, and the said registers and deputy registers are hereby authorised to examine and tax the same; and which bill of costs and charges, after having been so examined and taxed by the said registers of the prerogative court of Canterbury, or by their deputies, or by any one of the said registers, or by any one of the said deputies; they shall certify the same, or that part of the same which remains after being so taxed, to be fair and equitable charges, according to the usual fees allowed, and customary charges made by proctors in Doctors' Commons, and then shall return the said letters of administration, or letters of administration with will annexed, and the said bill of expenses and charges, to the proctor or proctors who shall have so laid the same before them, and which bill of costs and charges shall be allowed to contain a fee of three shillings and fourpence to be paid to the said registers, or to the said deputy registers, who shall have so taxed and examined the same; and when the said proctor or proctors have finally obtained such letters of administration, or letters of administration with will annexed, granted to the creditors of such petty officer or seaman, non-commissioned officer of marines or Proctors to marine, and such bill of expenses and charges, certified as letters of herein directed, he or they shall forward such letters of ad Fee to register for taxing. forward tration and surer or paymaster ofthe navy. Penalty on &c. taking proctors, more than the pre sums for probates, officers of the ecclesicourt, &c. and on astical curing pro ministration, and letters of administration with will annexed, adminisand certificates of expenses and charges, to the treasurer, certificate of expenses or to the paymaster of his Majesty's navy; and if any officer to the trea or officers, proctor or proctors, or any other person or persons, shall presume to take any more than the several sums herein-before allowed and directed to be taken in the different events specified, for the charges of probates, letters of administration, commissions and requisitions, in the manner herein particularly mentioned and expressed, the person or persons so offending shall forfeit to the party aggrieved the sum of fifty pounds, to be recovered with full costs of suit, by action of debt, bill, plaint or information, in any of his Majesty's courts of record at Westminster, or elsewhere; scribed or if any register or other officer of any ecclesiastical court, shall knowingly and wilfully be aiding or assisting in procuring probate of the will or letters of administration, for the purpose of enabling any person or persons to receive the wages, pay, prize money, or allowance of money of any kind bates, &c. due, or becoming due for the services of any petty officer, seaman, non-commissioned officer of marines or marine, on board any ship or ships, then or formerly belonging to his Majesty or his predecessors, or heirs and successors, otherwise than in the manner prescribed by this act and the other act herein-before mentioned, passed in the twenty-sixth year of the reign of his present Majesty, every such proctor, register, or other officer, shall for ever after be incapable of acting as proctor, register, or in any other capacity, in any ecclesiastical court in Great Britain, and shall for every such offence forfeit and pay the sum of five hundred pounds, to be sued for, recovered and levied by action of debt, bill, plaint or information in any of his Majesty's courts of record at Westminster, and one half of every such penalty or forfeiture shall be and belong to his Majesty, his heirs and successors, and one half to him or them who shall discover, inform, or sue for the same. this act, or 26 Geo. 3. contrary to c. 63. surer or paymaster may allow XXXV. Provided always, and be it further enacted by The treathe authority aforesaid, That whenever any extraordinary pains, trouble or expense has attended the suing out letters of administration, or letters of administration with will annexed, to the widows or next of kin, or probates of wills a reasona ble charge for extraor dinary expenses, &c. So much of 26 Geo. 3. to the executors of any such petty officers or seamen, noncommissioned officers of marines or marine, the proctor or proctors who have sued out the same may, in consideration thereof, make an addition, in proportion to the said extraordinary pains, trouble and expense to his or their bill of charges and expenses, and which appearing reasonable, the inspector shall allow and pass the same; but if the same shall appear unreasonable or exorbitant to the treasurer or paymaster of the navy, in that case the said bill of charges and expenses shall be returned to Doctors' Commons, to be checked and taxed as aforesaid, by the registers or any one of them, or by the deputy registers or any one of them, who are hereby directed so to do without fee or reward, unless the said charges and expenses shall have arisen in consequence of any litigation or suit respecting the obtaining or suing out such letters of administration, letters of adminis tration with will annexed, or probate of will, in which cases the said registers or deputy registers shall be permitted to charge and take the aforesaid fee of three shillings and fourpence. XXXVI. Provided always, and it is hereby expressly declared, That so much of the said act passed in the twentysixth year of the reign of his present Majesty, as is not reto continue pealed by this act, shall remain in full force and effect. c. 63. as is not hereby repealed, in force. Preamble. 39 & 40 Geo. 3. c. 98. An Act to restrain all Trusts and Directions in Deeds or Wills, whereby the Profits or Produce of Real or Personal Estate shall be accumulated, and the beneficial Enjoyment thereof postponed beyond the Time therein limited. [28th July, 1800.] WHEREAS it is expedient that all dispositions of real or personal estates, whereby the profits and produce thereof are directed to be accumulated, and the beneficial enjoy by deed or shall settle or dispose or personal in such that the rents or shall be ac herein mentioned, be void, and the ment thereof is postponed, should be made subject to the restrictions hereinafter contained: may it therefore please your Majesty that it may be enacted; and 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 parliament assembled, and by the authority of the same, that no person or persons shall, after the passing of No person this act, by any deed or deeds, surrender or surrenders, will, will, &c. codicil, or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, of issues, profits or produce thereof shall be wholly or partially property, accumulated for any longer term than the life or lives of any manner. such grantor or grantors, settler or settlers, or the term of twenty-one years from the death of any such grantor, set- produce tler, devisor or testator, or during the minority or respective cumulated for a longer minorities of any person or persons who shall be living, or term tha in ventre sa mere at the time of the death of such grantor, her devisor or testator, or during the minority or respective and any other direcminorities only of any person or persons who, under the tion shall uses or trusts of the deed, surrender, will, or other assurances, directing such accumulations, would, for the being, if of full age, be entitled unto the rents, issues profits, or the interest, dividends, or annual produce so directed to be accumulated; and in every case where any accumulation shall be directed otherwise than as aforesaid, such direction shall be null and void, and the rents, issues, profits and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed. II. Provided always, and be it enacted, That nothing in Nothing this act contained shall extend to any provision for payment extend to of debts of any grantor, settler or devisor, or other person or persons, or to any provision for raising portions for any child or children of any grantor, settler, or devisor, or any child or children of any person taking any interest under any such conveyance, settlement, or devise, or to any direction touching the produce of timber or wood upon any lands or tenements, but that all such provisions and directions time rents go to the persons and entitled thereto. herein to sion for tions for the pro duce of timber: Nor to any disposition of herita shall and may be made and given as if this act had not passed. III. Provided also, and be it enacted, That nothing in this act contained shall extend to any disposition respecting ty in Scot heritable property within that part of Great Britain called Scotland. ble proper land. When restrictions shall take effect with respect to wills made before the passing of this act. IV. Provided also, and be it enacted, That the restrictions in this act contained shall take effect and be in force with respect to wills and testaments made and executed before the passing of this act, in such cases only where the devisor or testator shall be living, and of sound and disposing mind, after the expiration of twelve calendar months from the passing of this act. |