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The Cestui Que Vie Act 1707

The Cestui Que Vie Act 1707
https://www.legislation.gov.uk/apgb/Ann/6/72
1707 CHAPTER 72 6 Ann

X1An Act for the more effectual Discovery of the Death of Persons pretended to be alive to the Prejudice of those who claim Estates after their Deaths.

Reasons for passing this Act. Reversions, &c. expectant upon Determination of Life Estate, upon Affidavit of Belief of Death of Infant or other Tenant for Life as herein mentioned, and that such Death is concealed by Guardian, &c. may yearly move for and obtain an Order in Chancery for the Production of such Tenant for Life; and upon Refusal, &c. to produce such Tenant for Life, taken to be dead

Whereas divers Persons as Guardians and Trustees for Infants and Husbands in Right of their Wives and other Persons having Estates or Interests determinable upon a Life or Lives have continued to receive the Rents and Profits of such Lands after the Determination of their said particular Estates or Interests And whereas the Proof of the Death of the Persons on whose Lives such particular Estates or Interests depended is very difficult and several Persons have been and may be thereby defrauded For Remedy whereof and for preventing such fraudulent Practices any person or Persons who hath or shall have any Claim or Demand in or to any Remainder Reversion or Expectancy in or to any Estate after the Death of any Person within Age Married Woman or any other Person whatsoever upon Affidavit made in the High Court of Chancery by the Persons so claiming such Estate of his or her Title and that he or she hath cause to believe that such Minor Married Woman or other Person is dead and that his or her Death is concealed by such Guardian Trustee Husband or any other Person shall and may Once a Year if the Person agrieved shall think fit move the Lord Chancellor Keeper or Commissioners for the Custody of the Great Seal of Great Britain for the Time being to order [X2and they are hereby authorized and required to order] such Guardian Trustee Husband or other Person concealing or suspected to conceal such Person at such Time and Place as the said Court shall direct on Personal or other due Service of such Order to produce and shew to such Person and Persons (not exceeding Two) as shall in such Order be named by the Party or Parties prosecuting such Order such Minor Married Woman or other Persons aforesaid And if such Guardian Trustee Husband or such other Person as aforesaid shall refuse or neglect to produce or shew such Infant Married Woman or such other Person on whose Life any such Estate doth depend according to the Directions of the said Order that then the Court of Chancery is hereby authorized and required to order such Guardian Trustee Husband or other Person to produce such Minor Married Woman or other Person concealed in the said Court of Chancery or otherwise before Commissioners to be appointed by the said Court at such Time and Place as the Court shall direct Two of which Commissioners shall be nominated by the Party or Parties prosecuting such Order at his her or their Costs and Charges [X3And in case such Guardian Trustee Husband or other Person] shall refuse or neglect to produce such Infant Married Woman or other Person so concealed in the Court of Chancery or before such Commissioners whereof Return shall be made by such Commissioners and that Return filed in the Petty Bag Office in either or any of the said Cases the said Minor Married Woman or such other Person so concealed shall be taken to be dead and it shall be lawful for any Person claiming any Right Title or Interest in Remainder or Reversion or otherwise after the Death of such Infant married Woman or such other Persons so concealed as aforesaid to enter upon such Lands Tenements and Hereditaments as if such Infant Married Woman or other Person so concealed were actually dead

II
If such Infant, &c. Tenant for Life, appear to be in some Place beyond Sea, Party prosecuting such Order may send over to view such Infant, and if Guardian, &c. will not produce such Tenant for Life, then he or she to be taken as dead.

And if it shall appear to the said Court by Affidavit that such Minor Married Woman or other Person for such Life such Estate is holden is or lately was at some certain Place beyond the Seas in the said Affidavit to be mentioned it shall and may be lawful for the Party or Parties prosecuting such Order as aforesaid at his her or their Costs and Charges to send over one or both the said Persons appointed by the said Order to view such Minor Married woman or other Person for whose Life any such Estate is holden and in case such Guardian Trustee Husband or other Person concealing or suspected to conceal such Persons as aforesaid shall refuse or neglect to produce or procure to be produced to such Person or Persons a personal View of such Infant Married Woman or other Person for whose Life any such Estate is holden that then and in such Case such Person or Persons are hereby required to make a true Return of such Refusal or Neglect to the Court of Chancery which Return shall be filed in the Petty Bag Office and thereupon such Minor Married Woman or other Person for whose Life any such Estate is holden shall be taken to be dead and it shall be lawful for any Person claiming any Right Title or Interest in Remainder Reversion or otherwise after the Death of such Infant Married Woman or other Person for whose Life any such Estate is holden to enter upon such Lands Tenements and Hereditaments as if such Infant Married Woman or other Person for whose Life any such Estate is holden were actually dead

III
If it appear afterwards in any Action to be brought that such Tenant for Life was alive at the Time of the Order made, then he or she may re-enter, and have Action for Rent, &c.

Provided always That if it shall afterwards appear upon Proof in any Action to be brought that such Infant Married Woman or other Person for whose Life any such Estate is holden were alive at the Time of such Order made that then it shall be lawful for such Infant Married Woman Guardian or Trustee or other Person having any Estate or Interest determinable upon such Life to re-enter upon the said Lands Tenements or Hereditaments and for such Infant Married Woman or other Person having any Estate or Interest determinable upon such Life their Executors Administrators or Assigns to maintain an Action against those who since the said Order received the Profits of such Lands Tenements or Hereditaments or their Executors or Administrators and therein to recover full Damages for the Profits of the same received from the Time that such Infant Married Woman or other Person having any Estate or Interest determinable upon such Life were ousted of the Possession of such Lands Tenements or Hereditaments

IV

Proviso for Guardian, &c. who shall make it appear that due Endeavour has been used to procure the Appearance of such Infant and Tenant for Life.

X4provided always That if any such Guardian Trustee Husband or other Person or Persons holding or having any Estate or Interest determinable upon the Life or Lives of any other Person or Persons shall by Affidavit or otherwise to the Satisfaction of the said Court of Chancery make appear that he she or they have used his her or their utmost Endeavours to procure such Infant Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth depend to appear in the said Court of Chancery or elsewhere according to the Order of the said Court in that Behalf made and that he she or they cannot procure or compel such Infant Married Woman or other Person or Persons so to appear and that such Infant Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth depend is are or were Living at the Time of such Return made and filed as aforesaid then it shall be lawful for such Person or Persons to continue in the Possession of such Estate and receive the Rents and Profits thereof for and during the Infancy of such Infant and the Life or Lives of such Married Woman or other Person or Persons on whose Life or Lives such Estate or Interest doth or shall depend as fully as he she or they might have done if this Act had not been made

V
Guardians, Trustees, &c. holding over without consent of Remainder Man, &c. deemed Trespassers. Damages.

And every Person who as Guardian or Trustee for any Infant and every Husband seised in Right of his Wife only and every other Person having any Estate determinable upon any Life or Lives who after the Determination of such particular Estates or Interests without the express Consent of him her or them who are or shall be next and immediately entitled upon and after the Determination of such particular Estates or Interests shall hold over and continue in Possession of any Manors Messuages Lands Tenements or Hereditaments shall be and are hereby adjudged to be Trespassers and that every Person and Persons his her and their Executors and Administrators who are or shall be entitled to any such Manors Messuages Lands Tenements and Hereditaments upon or after the Determination of such particular Estates or Interests shall and may recover in Damages against every such Person or Persons so holding over as aforesaid and against his her or their Executors or Administrators the full Value of the Profits received during such Wrongful Possession as aforesaid.

Posted by Redback Graphics in News

Customising the new websites

Customising the new websites

This will be updated as time permits. As always, clients of Redback Graphics can call (any decent hour) or email 24/7 for support. These options are only available in websites installed after October 2018.
Log in to your dashboard and navigate to the relevant section to edit.

1. Updating your site logo
Appearance/Customize/Site Identity. Here you can remove or Change the current logo, and adjust the padding (the space around it).

2. Navigation Menu
Appearance/Customize/Header Colours to change Menu link, background colours, hover colours and also mobile menu colours.
To change the font and size, edit that from Appearance/Customize/Fonts and Typography. A link is provided to Google Fonts where you can choose a font, copy its name (exactly), put that in the font field for Body (page content) Heading and/or Menu. You can choose different fonts for each if you want. You can also change the size of the Menu font here, and if it will be uppercase or not.
To change the position of the navigation (and therefore logo), you can set the position of the Menu to centred, left or right justified, via Customize/Site Layout under Menu layout.

3. Full width feature image to Home page
Appearance/Customize/Homepage Settings. Remove or replace current image under “Static front page: header image.

4. Call to Action buttons on Home page.
Appearance/Customize/Homepage Settings. Under “Primary call-to-action button text”, Edit titles, colours, sizes, padding. Similar settings for “Secondary call-to-action button text” etc.

5. Call to Action buttons in the sidebar and the sidebar position.
Appearance/Customize/Widgets/Sidebar. Add or edit existing buttons here. To change the default sidebar (for any new pages) from left to right (or none), do that from Customize/Site Layout under the Menu layout options. You can also change the position of the sidebar from within any page. Edit the page, scroll down under the content editing window, and choose from the “Sidebar Layout” drop down list.

6. Add, change or delete feature image to interior pages or posts.
To edit a feature image on any page (or post), once logged in to your dashboard, navigate to that page (or post), then edit. Under the content editing section, navigate down to “Page Header Settings”. To activate a new image, click “Activate Extended Header”, then choose from your media library or upload a new image at “Header image (Add or upload)”. Update your page.

7. Hide page title from feature images.
To hide the page title from your feature image, while editing your page, scroll down to “General Settings” under the content editing section, and tick “Hide title”. If you would like a title under the feature image, just add it to the page content, and make it a Heading by choosing “Heading 2” from the editing options available above the content editing section, the “Paragraph” dropdown options. Update your page.

8. Change sidebar side, or remove sidebar.
To change the default sidebar (for any new pages) from left to right (or none), do that from Customize/Site Layout under the Menu layout options. You can also change the position of the sidebar from within any page. Edit the page, scroll down under the content editing section, and choose from the “Sidebar Layout” drop down list. Update your page.

If you get stuck, and you are a client of Redback Graphics, please call or email for assistance.

Posted by Redback Graphics in News, Wordpress Tips

Security upgrade

Due to the increase in hacking attempts on my own and clients websites, I am now offering a security upgrade to current clients websites hosted with Redback Graphics or Jamncream.

The upgrade includes:

  • Backup your website
  • Upgrade your WordPress to latest
  • Provide a new login portal (hackers typically strike through the standard login portal)
  • Install a selection of plugins that will detect and block hackers (IP addresses) from accessing your website

Any client who participates in the security upgrade will have their “block” list updated on an ongoing basis, so that collectively, all websites participating gather more data and can be increasingly secure against further hacking attempts.

If you’d like the Security upgrade implemented, email sales@redbackgraphics.com.au, cost of $75, only available to Redback Graphics clients using a Redback Graphics installed theme.

Posted by Redback Graphics in News, Technical, Wordpress Tips

Updating WordPress

The old days of a scary update have pretty much gone thankfully. WordPress is an extremely stable framework, and extremely well supported with regular updates. Some updates are more important than others, but I recommend that all Redback Graphics clients with WordPress sites update their WordPress around once per year.

Make sure to do a backup of your site prior to updating.

See article creating a website backup.

To update your WordPress is very simple. Login to your Dashboard, and at the top centre of the Dashboard home screen you will see “WordPress 4.x.x is available! Please update now.”

Click on “Please update now”.
The next screen will offer the opportunity to “Update Plugins” and “Update Themes”. DO NOT update these at this time, only choose “Update Now” button to update the WordPress.
Importantly, WAIT and watch as the WordPress enables Maintenance mode (site offline for a few seconds), then disables maintenance mode and your site is back online. Dashboard will then log you out and ask you to login again, to use the updated Dashboard.

If you have any problems please let me know asap.

Posted by Redback Graphics in News, Technical, Wordpress Tips

New Business – What’s first?

A first time business owner?
What do you need? Where do you start?

You have a great business idea but don’t know where to start?

First, research your market, your product or services, be sure you have a better product than your competition or can provide a better service and/or delivery of that product or service. Consult Small Business advisors for more in-depth information to ensure your business idea is worth pursuing. Talk to an accountant and Business Consultant to discuss tax and business structure options and implications.

Decide on a great business name.

Check that domain/s are available. You might want to register www.mynewbusiness.com.au AND www.mynewbusiness.com. Are they both available? Both will cover Australian and global markets (someone else could register the .com at some point).

If it/they are available, apply to register your business name. See www.asic.gov.au for more information.

At the same time, you could register the domain name/s. Domain names are cheap in comparison, so if the Business Name you want is not successful, then at least you have secured domain names that can be associated with your business, no-one else can then purchase them.

Once you have a registered Business Name and a domain (hopefully of similar names), then you need a logo, web hosting and a website.

Web hosting provides the server on which your website files are housed. Servers run 24/7 to make your website available 24/7.

While a logo could be optional at this point, if you have a professionally designed logo, your new website will be branded around that design.

Design, build and upload your website. While building a website is not rocket science, it is a specialist field, so for a professional business image, use a professional website designer. They will design and build your website, install the information you provide to them, then, with most websites these days, they will hand over your login details so that you are able to add and edit content 24/7.

Your web hosting allows you to setup your business Email addresses. ie yourname@mynewbusiness.com.au

Organise Business Cards and business stationery with website and email details.

Business Cards, company stationery, vehicle and premises signage should all reflect the same brand as your website.

 

Ready for domain name, web hosting and a website?

See also  Websites/Getting Started and Complete small business design bundles.

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Disclaimer
:  The information provided in this website does not constitute legal, tax , business or accounting advice, but is designed to provide general information relating to business and setting up your web presence. Please obtain the advice of a competent professional, licensed attorney, business consultant, law firm, accountant or financial adviser before making any final decisions.

Posted by Redback Graphics in News, SEO, Wordpress Tips