Cestui Que Vie Act 1666 & 1707 – AGE OF MAJORITY ACT 1974
Acts of the English Parliament1666 c. 11 (Regnal. 18_and_19_Cha_2)
Section I
[I.] Cestui que vie remaining beyond Sea for Seven Years together and no Proof of their Lives, Judge in Action to direct a Verdict as though Cestui que vie were dead.
If such person or persons for whose life or lives such Estates have beene or shall be granted as aforesaid shall remaine beyond the Seas or elsewhere absent themselves in this Realme by the space of seaven yeares together and noe sufficient and evident proofe be made of the lives of such person or persons respectively in any Action commenced for recovery of such Tenements by the Lessors or Reversioners in every such case the person or persons upon whose life or lives such Estate depended shall be accounted as naturally dead, And in every Action brought for the recovery of the said Tenements by the Lessors or Reversioners their Heires or Assignes, the Judges before whom such Action shall be brought shall direct the Jury to give their Verdict as if the person soe remaining beyond the Seas or otherwise absenting himselfe were dead.
- If the supposed dead Man prove to be alive, then the Title is revested. Action for mean Profits with Interest.
[X1Provided alwayes That if any person or [X2person or] persons shall be evicted out of any Lands or Tenements by vertue of this Act, and afterwards if such person or persons upon whose life or lives such Estate or Estates depend shall returne againe from beyond the Seas, or shall on proofe in any Action to be brought for recovery of the same [X2to] be made appeare to be liveing; or to have beene liveing at the time of the Eviction That then and from thenceforth the Tennant or Lessee who was outed of the same his or their Executors Administrators or Assignes shall or may reenter repossesse have hold and enjoy the said Lands or Tenements in his or their former Estate for and dureing the Life or Lives or soe long terme as the said person or persons upon whose Life or Lives the said Estate or Estates depend shall be liveing, and alsoe shall upon Action or Actions to be brought by him or them against the Lessors Reversioners or Tennants in possession or other persons respectively which since the time of the said Eviction received the Proffitts of the said Lands or Tenements recover for damages the full Proffitts of the said Lands or Tenements respectively with lawfull Interest for and from the time that he or they were outed 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 where then liveing.]
Editorial Information
X1
annexed to the Original Act in a separate Schedule
X2
Variant reading of the text noted in The Statutes of the Realm as follows: O. omits [O. refers to a collection in the library of Trinity College, Cambridge]
The Cestui Que Vie Act 1707
Acts of the Parliament of Great Britain1707 c. 72 (Regnal. 6_Ann)Table of contents
Introductory Text
- 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.
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.
- 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.
- Guardians, Trustees, &c. holding over without consent of Remainder Man, &c. deemed Trespassers. Damages.
- 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
- 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.
X1 provided 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
Editorial Information
X1
annexed to the Original Act in Two separate Schedules.
- 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.
AGE OF MAJORITY ACT 1974
TABLE OF PROVISIONS
- 1. Name of Act
- 5. Age of majority 18 years
- 6. Construction of laws and instruments made on or after 1 November
- 7. Construction of wills made before 1 November 1974
- 8. Distribution on intestacy
- 9. Money payable under judgments etc
- 11. Savings
AGE OF MAJORITY ACT 1974 – SECT 1
Name of Act
This Act is the Age of Majority Act 1974 .
AGE OF MAJORITY ACT 1974 – SECT 5
Age of majority 18 years
(1) Subject to this Act, a person attains full age for all purposes of the law of the Territory when the person attains the age of 18 years.
(2) A person who has attained the age of 18 years is not subject to any want of legal capacity only because of the person’s age.
(3) If, on 1 November 1974, a person had attained the age of 18 years but had not attained the age of 21 years, the provisions of this Act apply to, and in relation to, the person as if the person had attained the age of 18 years on 1 November 1974.
AGE OF MAJORITY ACT 1974 – SECT 6
Construction of laws and instruments made on or after 1 November 1974
(1) This section applies to—
(a) a law in force in the ACT on, or at any time after, 1 November 1974; and
(b) an instrument (including a will or codicil) executed on or after that date.
(2) Subject to section 7 (2), the expressions “majority”, “full age”, sui juris , minor , “minority”, infant , infancy , “nonage”, and any similar expressions, when used in a law or instrument to which this section applies, are to be interpreted in accordance with section 5.
(3) Nothing in this Act affects a reference in a law or instrument to an age expressed in years.
(4) Nothing in this Act—
(a) affects the validity or operation of a settlement or disposition of property made before 1 November 1974; or
(b) affects the operation of any rule of law by which the validity or operation of such a settlement or disposition is to be determined.
AGE OF MAJORITY ACT 1974 – SECT 7
Construction of wills made before 1 November 1974
(1) Nothing in this Act affects the construction of a will or codicil made before 1 November 1974.
(2) Unless the contrary intention appears, a codicil made on or after 1 November 1974, being a codicil to a will made before that date, is to be interpreted as if this Act had not been made.
AGE OF MAJORITY ACT 1974 – SECT 8
Distribution on intestacy
If a person died intestate before 1 November 1974, the administrator of the estate of the intestate is not, only because of this Act, obliged to distribute any part of the estate to a person before that person attains the age of 21 years.
AGE OF MAJORITY ACT 1974 – SECT 9
Money payable under judgments etc
An order or direction in force immediately before 1 November 1974 in relation to money recovered by a minor in proceedings in a court or payable to a minor as a result of proceedings in a court has effect, on and after that date, as if a reference to the attainment by a minor of the age of 21 years (however expressed) were a reference to the attainment of the age of 18 years.
AGE OF MAJORITY ACT 1974 – SECT 11
Savings
(1) Nothing in this Act affects a want of legal capacity arising otherwise than because of the age of a person.
(2) Nothing in this Act affects the construction or operation of an industrial award or agreement.
(3) Nothing in this Act affects the rights or obligations arising from a contract of employment made before 1 November 1974.
Endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
| A = Act | NI = Notifiable instrument |
| AF = Approved form | o = order |
| am = amended | om = omitted/repealed |
| amdt = amendment | ord = ordinance |
| AR = Assembly resolution | orig = original |
| ch = chapter | par = paragraph/subparagraph |
| CN = Commencement notice | pres = present |
| def = definition | prev = previous |
| DI = Disallowable instrument | (prev…) = previously |
| dict = dictionary | pt = part |
| disallowed = disallowed by the Legislative | r = rule/subrule |
| Assembly | reloc = relocated |
| div = division | renum = renumbered |
| exp = expires/expired | R[X] = Republication No |
| Gaz = gazette | RI = reissue |
| hdg = heading | s = section/subsection |
| IA = Interpretation Act 1967 | sch = schedule |
| ins = inserted/added | sdiv = subdivision |
| LA = Legislation Act 2001 | SL = Subordinate law |
| LR = legislation register | sub = substituted |
| LRA = Legislation (Republication) Act 1996 | underlining = whole or part not commenced |
| mod = modified/modification | or to be expired |
This Act was originally a Commonwealth ordinance—the Age of Majority Ordinance 1974
No 46 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988
(Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
A1989-21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910
(Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988
(Cwlth) s 25).
Legislation before becoming Territory enactment
Age of Majority Act 1974 A1974-46
notified 24 October 1974
commenced 1 November 1974 (s 2)
as amended by
Ordinances Revision Ordinance 1978
Ord1978-46
notified 28 December 1978
commenced 28 December 1978
Legislation after becoming Territory enactment
Statute Law Revision (Miscellaneous Provisions) Act 1992
A1992-23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Legislation (Consequential Amendments) Act 2001
A2001-44 pt 10
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 10 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2011
A2011-3 sch 3 pt 3.1
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.1 commenced 1 March 2011 (s 2)
Commencement
s 2 om A2001-44
amdt 1.122
Administration
s 3 om Ord1978-46
Age attained on anniversary of birthday
s 4 om A1992-23
Age of majority 18 years
s 5 am A2011-3
amdts 3.1-3.3
Construction of laws and instruments made on or after 1 November 1974
s 6 am A2011-3
amdt 3.4
Construction of wills made before 1 November 1974
s 7 am A2011-3
amdt 3.5
Repeal
s 10 om A2001-44
amdt 1.122
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
| Republication No | Amendments to | Republication date |
| 1 | Ord1978-46 |
30 April 1991
2
A1992-23
30 April 1993
3
A1992-23
30 November 1996
4
A2001-44
10 July 2002
© Australian Capital Territory 2011
Australian Capital Territory
A1974-46
Republication No 5
Effective: 1 March 2011
Republication date: 1 March 2011
Last amendment made by A2011-3
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
This is a republication of the Age of Majority Act 1974
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2011.
It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 March 2011.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
- authorised republications to which the Legislation Act 2001 applies
- unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001
, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Australian Capital Territory
Endnotes4