DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0141
A.D. 1841.]
ACT XIX.
131
A.D. 1841. ACT XIX.
AN AcT ybf A^o^tAb^ q/ 4Aov^AA A?7Z77zovea^A A*rop6?'(y
Ab-MP&yzbzz m Ab.s'g.s' q/ XMCcc.S'.bozz.S'; PASSED A?/ ^Ap AAzyA%
AA^zmm^^A ^Ap(7ozi^'?zo?'-fApRPz*a/ q/AhAmm Abzzzzcz/, o% i*Ac 6^Aq/* Xdp-
1841.
I. WHEREAS much inconvenience has been experienced, where persons
have died possessed of moveable and immoveable property, and the same
has been taken upon pretended claims of right by gift or succession; the
difficulty of ascertaining the precise nature of the moveable property in
such cases, the opportunities for misappropriating such property and also
the profits of real property, the delays of a regular suit when vexatiously
protracted, and the inability of heirs when out of possession to prosecute
their rights, affording strong temptations for the employment of force or
fraud in order to obtain possession: And whereas, from the above causes,
the circumstance of actual possession, when taken upon a succession, does
not afford an indication of rightful title equal to that of a decision by a
judge after bearing all parties in a summary suit, though such summary
suit may not be sufficient to prevent a party removed from possession
thereby from instituting a regular suit: And whereas such summary
suit, though it will take away many of the temptations which exist for
assuming wrongful possession upon a succession, will be too tardy a
remedy for obviating them all, especially as regards moveable property:
And whereas it may be expedient, prior to the determination of the
summary suit, to appoint a curator to take charge of property upon a
succession, where there is reason to apprehend danger of misappropria-
tion, waste, or neglect, and where such appointment will, in the opinion
of the authority making the same, be beneficial under all the circum-
stances of the case : And whereas it will be very inconvenient to inter-
fere with successions to estates by the appointment of curators, or by
Summary suits, unless satisfactory grounds for such proceedings shall
appear, and unless such proceedings shall be required by or on the behalf
of parties giving satisfactory proof that they are likely to be materially
prejudiced if left to the ordinary remedy of a regular suit:—
It is hereby enacted, that whenever a person dies leaving property,
moveable or immoveable, it shall be lawful for any person ciaiming a right
by succession thereto, or to any portion thereof!, to make application to
the judge of the court of the district where any part of the property
is found or situate, for relief, either after actual possession has been
taken by another person, or when forcible means of seizing possession are
apprehended.
II. And it is hereby enacted, that it shall be lawful for any agent, rela-
tive, or near friend, or for the Court of Wards in cases within their cogni-
zance, in the event of any minor, disqualified, or absent person being
entitled by succession to such property as aforesaid, to make the like
application for relief.
s 2
Preamble.
Persons claiming a
right in property of
deceased persons may
apply to judge of civil
court.
apply.
ACT XIX.
131
A.D. 1841. ACT XIX.
AN AcT ybf A^o^tAb^ q/ 4Aov^AA A?7Z77zovea^A A*rop6?'(y
Ab-MP&yzbzz m Ab.s'g.s' q/ XMCcc.S'.bozz.S'; PASSED A?/ ^Ap AAzyA%
AA^zmm^^A ^Ap(7ozi^'?zo?'-fApRPz*a/ q/AhAmm Abzzzzcz/, o% i*Ac 6^Aq/* Xdp-
1841.
I. WHEREAS much inconvenience has been experienced, where persons
have died possessed of moveable and immoveable property, and the same
has been taken upon pretended claims of right by gift or succession; the
difficulty of ascertaining the precise nature of the moveable property in
such cases, the opportunities for misappropriating such property and also
the profits of real property, the delays of a regular suit when vexatiously
protracted, and the inability of heirs when out of possession to prosecute
their rights, affording strong temptations for the employment of force or
fraud in order to obtain possession: And whereas, from the above causes,
the circumstance of actual possession, when taken upon a succession, does
not afford an indication of rightful title equal to that of a decision by a
judge after bearing all parties in a summary suit, though such summary
suit may not be sufficient to prevent a party removed from possession
thereby from instituting a regular suit: And whereas such summary
suit, though it will take away many of the temptations which exist for
assuming wrongful possession upon a succession, will be too tardy a
remedy for obviating them all, especially as regards moveable property:
And whereas it may be expedient, prior to the determination of the
summary suit, to appoint a curator to take charge of property upon a
succession, where there is reason to apprehend danger of misappropria-
tion, waste, or neglect, and where such appointment will, in the opinion
of the authority making the same, be beneficial under all the circum-
stances of the case : And whereas it will be very inconvenient to inter-
fere with successions to estates by the appointment of curators, or by
Summary suits, unless satisfactory grounds for such proceedings shall
appear, and unless such proceedings shall be required by or on the behalf
of parties giving satisfactory proof that they are likely to be materially
prejudiced if left to the ordinary remedy of a regular suit:—
It is hereby enacted, that whenever a person dies leaving property,
moveable or immoveable, it shall be lawful for any person ciaiming a right
by succession thereto, or to any portion thereof!, to make application to
the judge of the court of the district where any part of the property
is found or situate, for relief, either after actual possession has been
taken by another person, or when forcible means of seizing possession are
apprehended.
II. And it is hereby enacted, that it shall be lawful for any agent, rela-
tive, or near friend, or for the Court of Wards in cases within their cogni-
zance, in the event of any minor, disqualified, or absent person being
entitled by succession to such property as aforesaid, to make the like
application for relief.
s 2
Preamble.
Persons claiming a
right in property of
deceased persons may
apply to judge of civil
court.
apply.