Cestui qui vie Act 1666

ricardo made this Freedom of Information request to Ministry of Justice

The request was refused by Ministry of Justice.

From: ricardo

5 July 2011

Dear Ministry of Justice,

I would like you to read the following paragraphs then answer the
following questions.

X1Recital that Cestui qui vies have gone beyond Sea, and that
Reversioners cannot find out whether they are alive or dead.

Whereas diverse Lords of Mannours and others have granted Estates
by Lease for one or more life or lives, or else for yeares
determinable upon one or more life or lives And it hath often
happened that such person or persons for whose life or lives such
Estates have beene granted have gone beyond the Seas or soe
absented themselves for many yeares that the Lessors and
Reversioners cannot finde out whether such person or persons be
alive or dead by reason whereof such Lessors and Reversioners have
beene held out of possession of their Tenements for many yeares
after all the lives upon which such Estates depend are dead in
regard that the Lessors and Reversioners when they have brought
Actions for the recovery of their Tenements have beene putt upon it
to prove the death of their Tennants when it is almost impossible
for them to discover the same, For remedy of which mischeife soe
frequently happening to such Lessors or Reversioners.

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.

cestui que trust according to dictionary:

n. (properly pronounced ses-tee kay, but lawyers popularly
pronounce it setty kay) from old French. 1) an old-fashioned
expression for the beneficiary of a trust. 2) "the one who trusts"
or the person who will benefit from the trust and will receive
payments or a future distribution from the trust's assets.

Questions:
1- Does this mean we are all dead by age 7 so any land or property
we may own in the present or future is taken under trust?

2- if a trust exists then how can I gain acces to it for my self
and be the sole keeper of it?

3- How does one make the presenttrustee aware of his existence and
take back his trust?

4-According to cestui que vie act it seems a bond was set up for
all people. Can I charge debts to thisbond and how can i do so?

Thank you,

Yours faithfully,

Ricardo.

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ricardo left an annotation ( 5 July 2011)

Quote-marks I want to find out What this act is about and if we can access our bonds or trusts via this act

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From: Data Access & Compliance Unit
Ministry of Justice

6 July 2011

Dear Ricardo,

Thank you for your correspondence below. I can confirm that your request does not fall under the Freedom of Information Act. It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place.

On occasion, the Data Access and Compliance Unit receives requests for information that do not ask for a copy of recorded information, but ask more general questions about, for example, policies, opinions or decisions. As such, another business unit would be best placed to handle your enquiry.

I have assessed your correspondence and since you are asking generic questions relating to land and property, I have passed your request to our general queries team who will take your correspondence forward.

If you do have any questions specifically related to Freedom of Information please do not hesitate to contact us.

Best Wishes
Kate

Kate Balding|Business Coordinator

Data Access & Compliance Unit

Ministry of Justice|6th Floor|Post Point 6.23

102 Petty France|London|SW1H 9AJ

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From: ricardo

10 July 2011

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Ministry of Justice's
handling of my FOI request 'Cestui qui vie Act 1666'.

[ I asked for some information under the freedom of information act
and was refused for no reason. I breached none of the parameters
like security or national safety so We cannot see a reason not to
take this question higher. The questions begin with some short
paragraphs for the reader to better understand my questions.

I hope to hear an answer or at least a good reason for why my
request was declined other wise we will take this even higher. ]

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ce...

Yours faithfully,

ricardo

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From: Johnston, Natalie
Ministry of Justice

14 July 2011

Dear Ricardo,

Thank you for your correUnfortunately you are not entitled to an internal
review as your original request was not for recorded information under the
Freedom of Information Act and this was explained to you in our response
of 6th July 2011.

Your correspondence has been forwarded to out general queries team to deal
with. I am sorry I cannot be of more assistance in this matter. However if
you do have a legitimate request for recorded information under the
Freedom of Information Act please direct this to the Data Access and
Compliance Team.

Best wishes,

Natalie Johnston
Data Access & Compliance Unit

Ministry of Justice|6th Floor|Post Point 6.23

102 Petty France|London|SW1H 9AJ

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From: ricardo

14 July 2011

Dear Johnston, Natalie,

Thank you, two questions:

1) Does the freedom of information act hold any recorded
information concerning the Cestui qui vie Act of 1666?

1)Under the freedom of information act which information do you
hold regarding the Cestui qui vie Act 1666?

You had a few gramatical errors in your last letter, intentional or
not I do not know. I eagerly await your response.

Yours sincerely,

ricardo

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From: Hughes, Paul (Civil Law)
Ministry of Justice

26 August 2011


Attachment Draft reply 19 08 11.doc
61K Download View as HTML

Attachment Ricardo FOI 71489 docments.pdf
210K Download View as HTML


Dear Ricardo

I attach a reply to your enquiry.
.

Yours sincerely

Paul Hughes

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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R Austin left an annotation (28 February 2012)

Quote-marks ricardo, I would suggest that to better understand the Cestui Que Vie Acts of 1666 and 1707 (in light of the strange reluctance by the 'authorities' to provide any meaningful insight) that you look at how this has been adopted by Scotland and Northern Ireland. For Scotland I suggest this would be the Presumption of Death (Scotland) Act 1974. Also I suggest you have a browse through the bailli.org website of test cases for further clarity.

Hope this helps you?

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John Badger left an annotation (29 November 2012)

Quote-marks See the government legislation website for theformation you require http://www.legislation.gov.uk/aep/Cha2/1...

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Paul Staples left an annotation (29 November 2012)

Quote-marks MoJ really does not help itself when answering these sorts of questions. It may be OK to pass to the general correspondence unit, but it should have learned by now that the correct response is not "Your questions are not requests for recorded information" but "We hold no recorded information relevant to your questions" - if necessary with an explanations e.g. 'because they are simply requests for an opinion' or 'they are requests for legal advice which is not a function of MoJ' or whatever. Failing to do this risks breaching the primary duty in s1(1)(a) FOIA "to be informed in writing by the public authority whether it holds information of the description specified" as ICO guidance makes clear that this specification can be inferred from a question

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