6
Item 14
App. IIA]
Statute of Distribution 1670
[1987 Ed.
of the said lands or tenements, and kept or held out of the same by the said lessors reversioners tenants or other persons who after the said eviction received the profits of the said lands or tenements or any of them respectively as well in the case when the said person or persons upon whose life or lives such estate or estates did depend are or shall be dead at the time of bringing of the said action or actions as if the said person or persons were then living.1]
1annexed to the original Act in a separate schedule.
Item 15
THE STATUTE OF DISTRIBUTION (1670)
(22 & 23 Car. 2 c. 10)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 9, p. 658]
An Act for the better settling of Intestates Estates.
[1.] Ordinaries may call administrators to account, and make distribution amongst the wife and children, etc..... And also that the said ordinaries and judges respectively shall and may, and are enabled to proceed and call such administrators to account for and touching the goods of any person dying intestate, and upon hearing and due consideration thereof to order and make just and equal distribution of what remaineth clear (after all debts, funerals and just expenses of every sort first allowed and deducted) amongst the wife and children, or children's children if any such be or otherwise to the next of kindred to the dead person in equal degree, or legally representing their stocks pro sua cuiq jure according to the laws in such cases and the rules and limitation hereafter set down, and the same distributions to decree and settle, and to compel such administrators to observe and pay the same by the due course of his Majesties ecclesiastical laws. Saving to every one supposing him or themselves aggrieved their right of appeal as was always in such cases used.
5. No distribution till after one year-If debts afterwards appear, then all to refund proportionably. Provided also.... to the end that a due regard be had to creditors that no such distribution of the goods of any person dying intestate be made till [after1] one year be fully expired after the intestate's death, and that such and every one to whom any distribution and share shall be allotted shall give bond with sufficient sureties in the said courts that if any debt or debts truly owing by the intestate shall be afterwards sued for
1 interlined on the roll.
Note: Words in round brackets represent words which cannot be reproduced locally in their original type.
6
Item 14
App. IIA]
Statute of Distribution 1670
[1987 Ed.
of the said lands or tenements, and kepte or held out of the same by the said lessors reversioners tennants or other persons who after the said eviction received the proffitts of the said lands or tenements or any of them respectively as well in the case when the said person or persons upon whose life or lives such estate or estates did depend are or shall be dead at the time of bringing of the said action or actions as if the said person or persons were then liveing.1]
1annexed to the original Act in a separate schedule.
Item 15
THE STATUTE OF DISTRIBUTION (1670)
(22 & 23 Car. 2 c. 10)
[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 9, p. 658]
An Act for the better setling of Intestates Estates.
[1.] Ordinaries may call administrators to account, and make distribution amongst the wife and children, etc..... And alsoe that the said ordinaries and judges respectively shall and may, and are enabled to proceede and call such administrators to accompt for and touching the goods of any person dyeing intestate, and upon heareing and due consideration thereof to order and make just and equall distribution of what remaineth cleare (after all debts, funeralls and just expences of every sort first allowed and deducted) amongst the wife and children, or childrens children if any such be or otherwise to the next of kindred to the dead person in equall degree, or legally representing their stocks pro sua cuiq jure accord- ing to the lawes in such cases and the rules and limitation hereafter sett downe, and the same destributions to decree and setle, and to compell such administrators to observe and pay the same by the due course of his Majestyes ecclesiasticall lawes. Saveing to every one supposeing him or themselves agreived their right of appeale as was alwayes in such cases used.
5. No distribution till after one year-If debts afterwards appear, then all to refund proportionably. Provided alsoe.... to the end that a due reguard be had to creditors that noe such distribution of the goods of any person dying intestate be made till [after1] one yeare be fully expired after the intestates death, and that such and every one to whome any distribution and share shall be allotted shall give bond with sufficient suretyes in the said courts that if any debt or debts truely oweing by the intestate shall be afterwards sued for
1 interlined on the roll.
Note: Words in round brackets represent words which cannot be reproduced
locally in their original type.
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