and returning a jury of fubftantial difinterefted perfons qualified to serve on juries, and are hereby authorized, by precept or order from time to time, as occafion may require, to call before them all and every person and perfons whomfoever, who fhall be thought necessary to be examined as witneffes before them, and examine them on oath touching the premises, and may, if they think fit, direct the jury to view the places or matters in queftion, who, upon their oaths, fhall affefs the value of fuch houfes, ground, tenements, edifices, erections, and buildings, which fhall be neceffary to be purchafed, and of the respective estate and intereft of every person seised or poffeffed of, or interested therein, or in any part thereof, and the court of mayor and aldermen may give final judgment thereon, fourteen days notice of fuch affeffment having been previously given to the parties interested. Sect. 10. It is alfo enacted, That upon payment of the purchasemoney so affeffed and decreed, the perfon or perfons entitled to fuch houses, tenements &c. fhall make and execute good, valid, and legal conveyances and affurances in the law of fuch eftate or intereft for which fuch fums of money fhall be awarded, to the faid mayor, commonalty and citizens of London, or to any perfon or perfons whom the faid mayor, aldermen, and commons, in common council affembled, fhall direct and appoint, and their heirs, in trust for the ufe of the city &c. Query. What mode of conveyance will it be proper for the city of London to take in the purchase of eftates under the above abstracted act? Opinion. As this act of parliament has directed a general method of conveyance to pafs any kind of intereft, and eftate, which is defcribed by the words fell and convey, I think the city had better follow that method, and take in all these eftates by a like inftrument, reciting that clause in the act of parliament; fuch a deed will operate like an affignment of a bankrupt's eftate under the bankrupt's acts; this will be better than to enter into a common law method of conveyancing: for if the leafes are only cancelled, and nothing conveyed, they may ftill remain liable to dormant or equitable incumbrances, and the city will have no deed to evidence the conveyance; I fhould likewife think it would be better to take all thefe conveyances to the corporate body, where the fee will remain for ever undisturbed, and not leave the legal eftate in trustees, who in a courfe of time will be forgot, and the heir of the furvivor unknown and loft. C. Forke. Opinion. If the city was to take a furrender from each of their immediate leffees, and feparate affignments of the under-leafes (for they cannot take furrenders of these last by reason of the intermediate intereft) that method muft neceffarily be attended with very great expence; to avoid which I think the city may fafely pay the purchase-money to such leffees, upon their delivering up their their leafes cancelled, with a receipt indorfed upon the back, expreffing the confideration money was paid on that account; for the cancelling of the deed will deftroy and avoid the lease itself, because it deftroys all evidence by law for the fupport of it, neither can there be any pretence in this cafe for a court of equity ever to fet up thefe leafes again, or to compel the city to execute new ones for the refidue of the terms. Where it is neceflary for the city to purchafe the inheritance, the conveyance may be by leafe and releafe to the corporation, that being a fafe and the common method, without appointing trustees, which in this cafe would be attended with unneceflary trouble and expence; and if there are many outstanding terms, I think the method above prefcribed may be pursued to prevent expence alfo; but if there are only a few fuch, the more regular way will be to have them affigned to Mr. Town Clerk, or fome other perfon in truft for the corporation. Tho. Nugent. Query. Are the committee under this act authorised to make any, and what allowance in confideration of the detriment the occupiers of fuch houses &c. may fuftain from their removal? Opinion. I am of opinion the committee cannot do this by the act of parliament, nor ought the jury to take these expences into their confideration when they give their verdict; for nothing is before them but the value of the eftate and the parties intereft therein; the inconvenience and the expence of changing are circumftances that will incline a jury, and may honeftly prevail with the committee to give the owner the best and highest price for his houfe; but if they go beyond that, the additional fum is a gratuity, whereas they are only to buy, and not to give. C. Yorke. Opinion. As that breach of the ftatute fol. 15, which impowers perfons to fell to the city, mentions houfes, edifices, tenements and grounds, and all their eftates, rights, titles, and interefts therein, and after fol. 19, in cafe they cannot agree, the jury is to enquire of the value of fuch houfes, ground, tenements, edifices, erections, and buildings, and of the refpective eftate and intereft of every perfon feifed, or poffeffed of, or interefted therein, which words confine and reftrain the power of the committee to the particular inftances therein mentioned; and as they cannot enlarge or put an equitable conftruction upon those words, I think they are not enabled to relieve the occupiers in any of the inftances mentioned in the above question. Tho. Nugent. Query. By whom are the jury, impannelled for the purposes of this act, to be paid? + D 2 Opinion. Opinion. I think, as the parliament has not directed who fhall pay the jury, the city fhould be at that expence in all caies; for the whole proceeding is compulfory against the owners, and the public enjoys the benefit, and it would be hard to make a man pay a jury for valuing his eftate against his will, when if he was left to himself, perhaps, he would not sell it at any rate. C. Yorke. Opinion. No judgment can be formed upon this point, by confidering the manner of paying juries either at common law, or under the ftatute of the 24th of the prefent King, and as it may be an hardship on the city to pay juries, in cafes where they find by their verdict the committee have offered a reasonable price, and an unreasonable one has been infifted upon, fo it might be equally hard that perfons obliged to fell fhould pay them upon a mistaken calculation of the real value of their interefts, and the act being totally filent in that matter, and the power of fummoning juries given only to the city, for whose benefit the act was made, I think they are to be paid by the city. CASE. Tho. Nugent. K. by will defires, that all juft debts as shall be by him owing, at the time of his decease, be fully paid And in the faid will it is recited, that he purchased of 'R. B. deceased, and his fon 7. K. deceased, and his wife, the reverfion and inheritance of two freehold meffuages, or tenements, therein particularly mentioned, after the decease of Catharine, late wife of R. B. deceafed, he thereby gave and devised the faid two meffuages (after the decease of the faid Catharine) to his wife Mary for life; and after her decease, he gave one of the faid meffuages to his fon Thomas, and his heirs and affigns for ever, he paying to his fifter Sufanna 501. with the payment of which he charged the meffuage accordingly. And also after his said wife's decease, he gave the faid other meffuage to his faid fon Thomas, his heirs and affigns for ever, he paying to bis fifter Sufanna 50 l. more. And gave the refidue of his perfonal eftate and effects to his faid wife, and appointed her and his faid fon Thomas joint executors. 28th March, 1737, by indenture the faid 7. K. in confideration of 3001. mortgaged the reverfion of the faid two freehold messages for a term of 1000 years. In April 1739, the faid F. K. died, and on the 17th May, 1739, the faid Mary K. and Thomas K. proved the faid will. 7. K. the teftator, died feifed of a freehold houfe in Catharine-ftreet, and a copyhold eftate at Enfield, and alfo poffeffed of three leafehold boufes in Threadneedle-freet, The The house in Catharine-ftreet, and copyhold eftate at Enfield, were foon after the decease of the faid J. K. the teftator, conveyed and furrendered to fome creditors, who agreed to accept of them in fatiffaction of their demands on teftator's eftate, and the rents and profits of faid three leafehold houses, and alfo of two freehold houses, have (ever fince the death of the faid Catharine B.) been applied, after payment of taxes, repairs, and ground-rent) in the payment of the intereft of the faid 300l. and in difcharge of the debts due and owing from the eftate of the faid . K. the teftator, as far as they have extended, so that the said two legacies of 50%. fo given to Sufanna K. and charged on the faid two freehold houses, have not been paid, and there remains due on the faid teftator's bond the fum of 501. and a confiderable arrear of intereft, befides feveral other debts to fimple contract creditors to a confiderable amount. 4th December, 1746, Mrs. Mary K. the teftator's widow, died. The teftator J. K. had five children, John, Rebecca, Sufanna, George, and Thomas. John, the eldest fon, married, and died in the life-time of his father, and mother, leaving iffue one fon, named Fohn, who likewise married, and is fince dead inteftate, leaving iffue a daughter, named Mary, an infant. Rebecca is still living, but has no children. Sufanna died unmarried, and inteftate, the 22d November, 1746. Thomas died in June, 1747, uumarried and inteftate. Query ft. Will the inheritance in fee-fimple of the faid two houses defcend unto and upon Rebecca the daughter of J. K. the teftator, or to Mary his great grand-daughter, fubject to the faid mortgage for 1000 years, for payment of 300l. and intereft, and alfo fubject to the payment of the faid two legacies of 50 l. each, devised to Sufanna the teftator's daughter? Query 2d. Sufanna being dead inteftate, to whom do these legacies of 50%. belong? Query 3d, Is the teftator's bond-debt of 50l. a charge upon the faid two freehold houses, or muft his perfonal affets and effects be firft applied towards the payment thereof? Opinion. I am of opinion, That the fee-fimple of the two houfes defcends to Mary the great grand-daughter as heir, subject to the incumbrances. The two fums of 5cl. belong to Sufanna's adminiftrator, whoever fhall be fo, as her affets liable to her debts with the rest of her perfonal eftate, the refidue of which belongs to the reprefentatives of her mother, and the reprefentatives of Thomas and Rebecca in equal thirds, The The teftator's perfonal eftate must be first applied in difcharge of the bond, before it will be payable out of the real eftate. 13th May, 1748. Dudley Ryder. CASE. BY 9th October, DY will of this date 7. S. devifed (int. al.) unto hist 1738. fifter Mary, then wife of T. W. all that meffuage or tenement, together with a coach-house and stable in the faid will mentioned to be fituate in Perkins's-rents, Westminster, in the ocupation of T. C. for her own feparate ufe, during her natural life, and after her decease, to the teftator's fifter Elizabeth S. and after her decease to be equally shared amongst the children of the faid Mary W. (which children were) Mary, now wife of S. B. Hannah, now wife of G. G. And, And faid teftator further devised by his faid will unto his fifter Elizabeth S. one house and back tenement, fituate in Pye-ftreet, Weftminster, and alfo one other house or tenement fituate in Pye-ftreet aforefaid, and alfo one other house or tenement (mentioned to be the houfe wherein teftator dwelt) during the natural life of her the said. Elizabeth S. and after her decease to the faid three children of Mary W. viz. the faid Mary, Hannah, and Sarah, and their heirs. The faid teftator died in 1742, without altering his faid will, and the faid Mary W. and Elizabeth S. took poffeffion of the before-mentioned premifes, according to their respective interefts therein, under the faid will. The faid Mary, and the faid Hannah and Sarah (with their refpective husbands) in the life-time of the faid Mary W. and Elizabeth S. conveyed the fame as follows: 24th and 25th November, 1743. By indenture of leafe and release, of this date, between S. B. and Mary his wife, G. G. and Hannah his wife, and S. W. of the one part, and F. S. of the other part; Reciting the before mentioned will, and alfo reciting the feveral devifes to them of the faid premises, whereby they were seised as jointtenants in fee-fimple, and that they had agreed to make a partition of the fame, and to grant and limit the fame in the manner and to the feveral and refpective uses after-mentioned. It is witneffed, That for the confiderations aforefaid, and in confideration of five fhillings a-piece to the faid S. B.and Mary his wife, G. G. and Hannah his wife, and Sarah W. paid by the faid F. S. they did grant to faid F. S. and his heirs and affigns &c. the premifes mentioned in J. S's will. To hold the fame to the faid F. S. his heirs and affigns for ever. To the feveral-ufes, intents, and purposes hereby after-mentioned and declared, of and concerning the fame, that is to say, as for and Concerning All |