ENGLISH STATUTES IT 00- 1874 D/g/f/zecf by Microsoft® (JnrnpU Ham i'rlinnl Hibrary Digitized by Microsoft® Cornell University Library KD 810.A3 1881 A collection of important English statut 3 1924 021 643 527 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924021643527 Diqitiz^a by Microsoft® Digitized by Microsoft® A COLLECTION IMPORTANT ENGLISH STATUTES, SHOWING THE PRINCIPAL CHANGES IN THE LAW OF PROPERTY; . Together with some oTHEft ENACTMENTS OF COMMON REFERENCE. BOSTON: SOULE & BUGBEE, iSSi . Digitized by Microsoft® Entered according to Act of Congress, in the year 1880, By Edmund L. Baylies, Frank BoLles, and Edmund M, Parker, in tlie Office of the Librarian of Congress, at Washington. J. S. CusmNG, Printer, 16 Hawley Street, Boston, Digitized by Microsoft® PEEFAOE. In preparing the following pages an attempt lias been made to embody in a convenient form the most important of those English Statutes, which, passed before the establish- ment of the Colonies, form to-day part of our Law, and such subsequent enactments as have had, tlirough their direct or indirect adoption, the greatest influence on the case law of this country. The more part of these Statutes, or portions of Statutes, bear on the subject of the holding and transfer of prop- erty ; the remainder will be found to be some of the most important of those which relate to the subjects of crimes, evidence, and procedure. While this collection has been made primarily as a reference-book for the use of members of the Harvard Law School, it is hoped that others may find it of service in their studies. The edition of the Statutes at Large, used in the prepa- ration of this book, is that of Danby Pickering Esq'^^ E. L. B. F. B. Cambridgb, November, 1880. E. M. P. Digitized by Microsoft® CHRONOLOGICAL TABLE or THE SOYEEEIGiq-S OF EITGLAITD. SOVEEEISNS. William I William II , Henry I , Stephen Henry II Eieliard I John Henry III Edward I Edward II , Edward III Richard II Henry IV Henry V Henry VI Edward IV Edward V Kichardlll Henry VII Henry VIII , Edward VI , Mary Philip and Mary Elizabeth James I Charles I Commonwealth Oliver Cromwell, Protector. Ei chard Cromwell, " Charles II James II William and Mary . . . . William III Anne George I George II George III George IV William IV Victoria Commencement of Reign, Year of Death. December 25, 1066 ". September 26, 1087 , August 5, 1100 . . , December 26, 1135 , December 19, 1154 September 3, 1189 May 27, 1199 . . October 28, 1216 . November 20, 1272 July 8, 1307 ... January 25, 1327 . June 22, 1377 . . September 30, 1399 March 21, 1413 . . , September 1, 1422 , March 4, 1461 . . , April 9, 1483 . . . June 25, 1483 . . , August 22, 1485 . , April 22, 1609 . . , January 28, 1547 . . July 6, 1553 . . . . July 25, 1554 . . . , November 17, 1558 . March 24, 1603 . . . March 27, 1625 . . . January 30, 1649 . . December 12, 1653 . September 4, 1668 . May 29, 1660 . . February 6, 1686 . . February 13, 1689 . December 28, 1C94 . March 8, 1702 . . . August 1, 1714 . . . June 11, 1727 . . . October 25, 1760 . . January 29, 1820 . . June 26, 1830 . . . June 20, 1837 . 1087. 1100. 1135. 1154. 1189. 1199. 1216. 1272. 1307. 1327. 1377. 1399. 1418. 1422. 1471. 1483. 1483. 1485. 1509. 1547. 1553. 1558. 1603. 1625. 1649. 1654. 1658. 1712. 1685. 1701. 1694. 1702. 1714. 1727. 1760. 1820. 1830. 1837. Years of Reign. 21 13 36 19 35 10 18 57 35 20 51 23 14 10 39 23 3 24 38 7 1 i 45 23 24 5 5 2 37* 4 6 8 13 13 34 60 11 7 * The regnal years of Charles II. are reckoned from the death of Charles I. Digitized by Microsoft® TABLE OF COl^TElsrTS. A.D. PAGE. 1100. Leg. Ebg. Hen. I. I. § 7 r . 7 1215. Magna Caeta. Reg. Johan. Cap. 27 7 1225. Magna Carta. 9 Hen. III. Cap. 32, 36 7-8 1235. Stat, oe Merton. 20 Hen. III. Cap. 9 8 1267. 52 Hen. III. Cap. 23, 29 8-9 1275. Stat, of Westminster, 1st. 3 Edw. I. Cap. 2, 39 -' 9-10 1276. Stat. Db Big. 4 Edw. I. Cap. 6 10 1278. Stat, of Gloucester. 6 Edw. I. Cap. 3, 5 10-11 1285. Stat, of WESTMiNSTERrSd. 13 Edw. I. De Bonis. Cap. 1, 12, 18, 19, 23, 24 11-15 1290. Stat, of Westminster, 3cl. 18 Edw. I. Quia Emptores. Cap.- 1, 2, 3 15-16 1290. 18 Edw. I. (Stat. 4.) CI. 8, 9 16 1330. 4 Edw. III. Cap. 7 16-17 1350. 25 Edw. III. Cap. 5 17 1357. 31 Edw. III. Cap. 11 17 1381. 5 Rich. II. Cap. 7 18 1512. 4 Hen. VIII. Cap. 2. Stat, of Murders 18-19 1529. 21 Hen. VIII. Cap. 4, 5 19-22 1535. 27 Hen. VIII. Stats, of Uses and Enrollments. Cap. 10, 16 . 23-28 1539. 31 Hen. VIII. Cap. 1 28-29 1540. 32 Hen. VIII. Cap. 1, 2, 9, 28, 33, 34, 37 29-45 1542-3. 34 & 35 Hen. VIII. Cap. 6 45-47 1570. 13 Eliz. Cap. 5 47-48 1576. 18 Eliz. Cap. 14 49 1585. 27 Eliz. Cap. 4, 5. Stat, of Fraudulent Conveyances .... 49-53 1601. 43 Eliz. Cap. 2, 6, 8 53-54 1623. 21 Jac. I. Cap. 16. Stat, of Limitations 54-57 1660. 12 Car. II. Cap. 24. Stat, of Military Tenures 57-61 Digitized by Microsoft® 6 TABLE OF CONTENTS. A.D. PAGE. 1670. 22 & 23 Car. II. Cap. 9, 10 61-G5 1676. 29 Car. II. Cap. 3. Stat, of Frauds 65-70 1677. 30 Car. II. Cap. 7 70-71 1685. 1 Jao. II. Cap. 17 71-72 1691. 3 & 4 Wm. & Mary. Cap. U 72-74 1699. 10 &. 11 Wm. III. Cap. 16 75-76 1705. 4 Anne. Cap. 16 - 76-78 1708. 7 Anne. Cap. 20 78-79 1709. 8 Anne. Cap. 14 79-80 1731. 4 Geo. II. Cap. 28 80 1738. 11 Geo. II. Cap. 19 81-82 1741. 14 Geo. II. Cap. 20 82-83 1752. 25 Geo. II. Cap. 6 83-87 1757. 30 Geo. II. Cap. 24. Stat, of False Pretenses 87-88 1798. 39 Geo. III. Cap. 85. Stat, of Embezzlements 88-89 1800. 40 Geo. III. Cap. 98. Thellusson Act 89-90 1806. 46 Geo. III. Cap. 37 ... 90 1828. 9 Geo. IV. Cap. 14. Lord Tenterden's Act 90-93 1830. 11 Geo. IV. & 1 Wm. IV. Cap. 40, 46 93-95 1833. 3 & 4 Wm. IV. Cap. 42 95-96 1837. 7 Wm. IV. & 1 ViOT. Cap. 26. Wills Act 97-107 1843. 6 & 7 Vict. Cap. 85, 96. Libel Act 107-110 1846. 9 & 10 Vict. Cap. 93. Lord Campbell's Act 110 1851. 14 & 15 Vict. Cap. 99 Ill 1852. 15 & 16 Vict. Cap. 24, 76 111-113 1854. 17 & 18 Vict. Cap. 113, 125 113-114 1860. 23 & 24 Vict. Cap. 38 114-115 1865. 28 & 29 ViCT. Cap. 86. Chief Justice BovilVs Act 115-116 1869. 32 & 33 ViOT. Cap. 46, 68 116-118 1874. 37 & 38 ViCT. Cap. 37 118-119 1870. Stats. Mass. Chap. 393 119-120 1871. Rev. Stats. Maine. Chap. 82 120 1834. Hilary Rules. 4 Wm. IV 121-124 Chronological Table of the Sovereigns of England .... Iv Index 125 Digitized by Microsoft® IMPOETANT ENGLISH STATUTES. A.D. 1100-1874. LEG. EEG. HEN. I. I. VII. Et si quis baronum vel hominum meorum infirmabitur, sicut ipse dabit, vel dare disponet pecuniam suam, ita datam esse concedo. Quod si ipse preventus, vel armis vel inflrmitate, pecuniam suam non dederit nee dare disposuerit, uxor sua, sive liberi, aut parentes, aut legitimi homines ejus, earn pro anima ejus dividant, sicut eis melius visum fuerit. MAG. CART. REG. JOHAN. Cap. 27. [June 15tli, A.D. 1215.] Si aliquis liber homo intestatus deeesserit, catalla sua per manus propinquorum pai'entum et amicorum suorum, per visum Ecclesiae distribuantur ; salvis unicuique debitis que defunctus ei dedebat. If any free-man shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by the view of the Church, saving to everj'one the debts which the defunct owed. MAG. CART. (9 HEN. III.). Cap. 32. [A.D. 1225.] Lands shall not be aliened to the Prejudice of the Lord's Service. Nullus liber homo decetero det amplius vel vendat alicui de terra sua quam ut de residue terre sue possit sufRcienter fieri domino feodi servdcium ei debitum quod pertinet ad feodum illud. No Freeman from henceforth shall give or sell any more of his Land, but so that of the residue of the Lands the Lord of the Fee may have the Service due to him, which belongeth to the Fee. 7 Digitized by Microsoft® 8 IMPORTANT EN"GLISI-I STATUTES. Cap. 36.* No Land shall be given in Mortmain. Non liceat alicui decetero dare terram si^am alicui domui religiose ita quod illam resumat tenendam de eadem domo nee liceat alicui domni religiose terrain alicujus sic accipere quod tradat illam ei a quo ipsam recepit tenenda^l. Si quis autem decetero terram suam alicui domui religiose sic dederit et super hoc convincatur donum suum penitus cassetur et terra ilia domino suo illius feodi incurratur. It shall not be lawful from henceforth to any to give his Lands to any Eeligious House, and to take the same land again to hold of the same House. Nor shall it be lawful to any House of Eeligion to take the Lands of anj^ and to lease the same to him of whom he received it. If any from henceforth give his Lands to any Eeligious house, and thereupon be convict, the Gift shaU be utterly void, and the Land shall accrue to the Lord of the Fee. STAT. MEETON. (20 HEN. III.). Cap. 9. [A.D. 1235.] He is a Bastard that is born before the Marriage of his Parents. To the King's Writ of Bastardy, Whether one being born before Matrimony may inherit in like manner as he that is born after matri- mony, all the Bishops answered, That they would not, nor could not, answer to it ; because it was directly against the common Order of the Church. And all the Bishops instanted the Lords, that they would consent, that all such as were bom afore Matrimony should be legiti- mate, as well as they that be born within Matrimony, as to the Suc- cession of Inheritance, forsomuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, that they would not change the Laws of the Eealm, which hitherto have been used and approved. 52 HEN. IIL Cap. 23. [A.D. 1267.] A Remedy against Accomptants. Fermors shall make no Waste. It is provided also, That if Bailiffs, which ought to make account to their Lords, do withdraw themselves, and have no lands nor Tene- * For later Mortmain Acta, see 7 Edw. I. St. 2; 13 Edw. I. c. 32; 15 Eich. II. c. 5; 23 H. VIII. c. 10. §§ 1-5; 9 Geo. II. c. 36. Digitized by Microsoft® A.D. 1235-1275. 9 ments whereby they may be distrained ; then they shall be attached by their Bodies so that the Sheriff, in whose Baihwick they be found, shall cause them to come to make their account. II. Also Fermors, during their Terms, shall not make Waste, Sale, nor Exile of House, Woods, and Men, nor of any Thing belong- ing to the Tenements that they have to ferm, without special Licence, had hy Writing of Covenant, making mention, that they may do it; which Thing if they do, and thereof be convict, they shall yield full Damage, and shall be punished by Amerciament grievously. Cap. 29. In what Case a Writ of Entry sur disseisin in the Post doth lye. It is provided also. That if those Alienations (where upon a Writ of Entry was wont to be granted) hap to be made in so many Degrees, that by reason thereof the same Writ cannot be made in the Form beforetime used, the Plaintiffs shall have a Writ to recover their Seisin, without making mention of the Degrees, into whose Hands soever the same Thing shall happen to come by such Ahenations, and that by an Original Writ to be provided therefore by the Counci} of our Lord the King. 3 EDW. I. (WESTMINSTER I.). Cap. 2. [A.D. 1275.] A clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation. It is provided also, That when a Clerk is taken for guiltj' of Felonj^, and is demanded bj' the Ordinary', he shall be delivered to him according to the Privilege of Holj' Church, on such Peril as belongeth to it, after the Custom aforetimes used. And the King admonisheth the Prelates, and enjoineth them upon the faith that they owe to him, and for the common Profit and Peace of the Realm, that they which be indicted of such Offences by solemn Inquest of lawful Men in the King's Court, in no manner shall be delivered without due Purgation, so that the King shall not need to provide any other Remedy therein. Digitized by Microsoft® 10 IMPOETANT ENGLISH STATUTES. Cap. 39.* [A.D. 1275.J Several Limitations of Prescription in several Writs. And forasmuch as it is long Time passed since the Writs under- named were limited; it is provided, That in conveighing a Descent in a Writ of Right, none shall presume to declare of the Seisin of his Ancestor further, or beyond the time of King Eichard, Uncle to King Henry, Father to the King that now is ; and that a Writ of Novel disseisin, of Partition, which is called Nuper obiit, have their Limita- tion since the first Voyage of King Henry, Father to the King that now is, into Gascoin. And that Writs of Mortdancestor, of Cosinage, of Aiel, of Entry, and of Nativis, have their Limitation from the Coronation of the same King Henry, and not before. Nevertheless all Writs purchased now by themselves, or to be purchased between this and the Feast of St. John, for one Year compleat, shall be pleaded from as long Time, as heretofore they have been used to be pleaded. 4 EDW. I. (DE BIG.). Cap. 6. [A.D. 1276.] By what Words in a Feoffment a Feoffor shall be bound to Warranty. In Deeds also where is contained Dedi et concessi tale tenementum without Homage, or without a Clause that containeth Warranty, and to be holden of the Givers, and their Heirs, by a certain Service ; it is agreed that the Givers, and their Heirs, shall be bounden to Warranty. (2) And where is contained Dedi et concessi, etc. to be holden of the chief Lords of the Fee, or of other, and not of Feoffors, or of their Heirs, reserving no Service, without Homage or without the foresaid Clause, their Heirs shall not be bounden to Warranty, notwithstanding the Feoffor during his own Life, by Force of his own Gift, shall be bound to warrant. 6 EDW. I. (STAT. GLOUC). Cap. 3. [A.D. 1278.J An Alienation of Land by the Tenant by the Curtesy ivith Warranty shall be void. It is established also, That if a Man aliene a Tenement, that he holdeth by the Law of England, his Son shall not be barred by the Deed of his father (from whom no Heritage to him descended) to *ror later Statutes of Limitation and Prescription, see 32 Hen. VIII. c. 2 ; 21 Jac. c. 16 ; 2 & 3 Wm. IV. u. 71 ; 3 & 4 Wm. IV. i;. 27. Digitized by Microsoft® A.D. 1275-1285. 11 demand and recover bj' Writ of Mortdauncestor, of the Seisin of his Mother, although the Deed of his father doth mention, that he and his Heu-s be bound to Warrant}'. (2) And if any Heritage descend to him of his father's Side, then he shall be barred for the Value of the Heritage that is to him descended. (3) And if in Time after any Heritage descend to him by the same father, then shall the Tenant recover against him of the Seisin of his Mother by a judicial Writ that shall issue out of the Rolls of the Justices, before whom the Plea was pleaded, to resummon his Warrant}', as before hath been done in Cases where the Warrentor cometh into the Court, saj'ing. That nothing descended from him by whose Deed he is vouched. (4) And in like Manner the Issue of the Son shall recover by Writ of Cosinage, Aiel and Bisaiel. (5) Liliewise in like Manner the Heir of the Wife shall not be barred of his Action after the Death of his father and Mother, by the Deed of his father, if he demand by Action the Inheri- tance of his Mother by a Writ of Entry, which his father did aliene in the Time of his Mother, whereof no fine is levied in the King's Court. Cap. 5. Several Tenants against whom an Action of Waste is maintainable. It is provided also. That a Man from henceforth shall have a Writ of Waste in the Chancery against him that holdeth by Law of Eng- land, or otherwise for Term of Life, or for Term of Years, or a Woman in Dower. (2) And he which shall be attainted of Waste, shall lose the Thing that he hath wasted, and moreover shall recompense thrice so much as the Waste shall be taxed at. (3) And for Waste made in the Time of Wardship, it shall be done as is contained in the Great Charter. (4) And where it is contained in the Great Charter, that he which did waste during the Custodj', shall leese the Wardship, (5) it is agreed that he shall recompense the Heir his Damages for the Waste, if so be that the Wardship lost do not amount to the Value of the Damages before the Age of the Heir of the same Wardship. 13 EDW. I. (WESTMINSTER II.). Cap. 1. [A.D. 1285.] (De Donis) . In Gifts in tail the Donor's Will shall be observed. The Form of a Formedon. First, Concerning Lands that many Times are given upon Condi- tion, that is to wit, Where anj^ giveth his Land to an}' Man and his Digitized by Microsoft® 12 IMPORTANT ENGLISH STATUTES. "Wife, and to the Heirs begotten of the Bodies of the same Man and his Wife, with such condition expressed, that if the same Man and his Wife die without Heirs of their Bodies between them begotten, the Land so given shall revert to the Giver or his Heir. (2) In case also where one giveth Lands in free Marriage, which Gift hath a Condi- tion annexed, though it be not expressed in the deed of Gift, which is this. That if the Husband and Wife die without Heirs of their Bodies begotten, the Land so given shall revert to the Giver or his Heir. (3) In case also where one giveth Land to another, and the Heir of his Body issuing ; it seemed very hard, and j-et seemeth to the Givers and then- Heirs, that their WUl being expressed in the Gift, was not heretofore, nor j'et is observed. (4) In all the Cases aforesaid, after Issue begotten and born between them (to whom the Lands were given under such Condition) heretofore such Feoffees had Power to aliene the Land so given, and to disherit their Issue of the Land, contrary to the Minds of the Givers, and contrary to the Form ex- pressed in the Gift. (5) And further. When the Issue of such Feoffee is failing, the Land so given ought to return to the Giver or his Heir, by Form of the Gift expressed in the Deed, though the Issue (if any were) had died : (6) Yet by the Deed and Feoffment of them (to whom Land was so given upon Condition) the Donors have heretofore been barred of their Reversion, which was directly repugnant to the Form of the Gift. II. Wherefore our Lord the King, perceiving how necessary and expedient it should be to provide Remedj' in the aforesaid Cases, hath ordained. That the Will of the Giver, according to the Form in the Deed of Gift manifestly expressed, shall be from henceforth observed ; so that thej^ to whom the Land was given under such Condition, shall have no Power to aliene the Land so- given, but that it shall remain unto the Issue of them to whom it was given after their Death, or shall revert unto the Giver, or his Heirs, if Issue fail (whereas there is no Issue at all) or if any Issue be, and fail bj' Death, or heir of the Body of such Issue failing. (2) Neither shall the second Husband of any such Woman from henceforth, have anj' Thing in the Land so given upon Condition, after the Death of his Wife, by the Law of England, nor the Issue of the second Husband and Wife shaU succeed in the Inheritance, but immediately after the Death of the Husband and Wife (to whom the Land was so given) it shall come to their Issue, or return unto the Giver, or his Heir, as before is said. III. And forasmuch as in a new Case new Remedy must be pro- Digitized by Microsoft® . A.D. 1285. Ig vided, this Manner of "Writ shall be granted to the Party that will purchase it: (2) Praecipe A. quod juste etc. reddat B. manerium de F. cum suis pertinentiis, quod 0. dedit tali viro et tali mulieri, et haeredibus de ipsis viro et muliere exeuntibus. (3) Or thus : Quod C. dedit tali viro in liberum maritagium cum tali midiere, et quod post mortem prae- dictorum viri et mulieris, praedicto B. filio eorundem viri et mulieris descendere debeat per formam donationis praedictae, ut dicit etc. (4) Vel, Quod C. dedit tali et haeredibus de corpore suo exeuntibus, et quod post mortem illius talis, praedicto B. filio praedicti talis des- cendere debeat per formam etc. IV. The Writ whereby the Giver shall recover (when Issue faileth) is common enough in the Chancer}': (2) and it is to wit, that this Statute shall hold Place touching Alienation of Land contrarj' to the Form of the G-ift hereafter to be made, and shall not extend to Gifts made before. (3) And if a Fine be levied hereafter upon such Lands, it shaU be void in the Law ; (4) neither shall the Heirs, or such as the Reversion belongeth unto, though thej' be of full of Age, within England, and out of Prison, need to make their Claim. Cap. 12. The Appellee being acquitted, the Appellor and Abetters shall be pun- ished. There shall be no Essoin for the Appellor. Forasmuch as many, through Malice intending to grieve other, do procure false Appeals to' be made of Homicides and other Felonies by Appellors, having nothing to satisfy the King for their false Appeal, nor to the Parties appealed for their Damages ; (2) it is ordained. That when any, being appealed of Felony surmised upon him, doth acquit himself in the King's Court in due Manner, either at the Suit of the Appellor, or of our Lord the King, the Justices, before whom the Appeal shall be heard and determined, shall punish the Appellor bj' a Year's Imprisonment, and the Appellors shall nevertheless re- store to the Parties appealed their Damages, according to the Discre- tion of the Justices, having Eespect to the Imprisonment or Arrest- ment, that the Party appealed hath sustained by reason of such Appeals and to the Infamy that they have incurred by the Imprison- ment or otherwise, and shall nevertheless make a grievous Fine unto the King. (3) And if peradventure such Appellor be not able to Digitized by Microsoft® 14 IMPORTANT ENGLISH STii^TUTES. recompense the Damages, it shall be inquired by whose Abetment or Malice the Appeal was commenced if the Partj' appealed desire it ; (4) and if it be found by the same Inquest, that any Man is Abettor through Malice, at the Suit of the Party appealed he shall be distrained by a judicial Writ to come before the Justices ; (5) and if he be lawfully convict of such malicious Abetment, he shall be punished by Impris- onment and Restitution of Damages, as before is said of the Appellor. (6) And from henceforth in Appeal of the Death of a Man there shall no Essoin lie for the Appellor, in whatsoever Court the Appeal shall hap to be determined. Cap. 18. He that recovereth Debt may sue Execution hy Fieri facias or Elegit. When Debt is recovered or knowledged in the King's Court, or Damages awarded, it shall be from henceforth in the Election of him that sueth for such Debt or Damages, to have a Writ of Fieri facias unto the Sheriff for to levj' the Debt of the Lands and Goods ; (2) or that the Sheriff shall deliver to him all the Chattels of the Debtor (saving only his Oxen and Beasts of his Plough) and the one half of his Land, until the Debt be levied upon a reasonable Price or Extent. (3) And if he be put out of that Tenement, he shall recover by a Writ of Novel disseisin, and after by a Writ of Redisseisin, if need be. Cap. 19. The Ordinary chargeable to pay Debts as Executors. Whereas after the Death of a Person dying intestate, which is bounden to some other for Debt, the Goods come to the Ordinarj' to be disposed ; (2) the Ordinarj' from henceforth shall be bound to answer the Debts as far forth as the Goods of the Dead will extend, in such sort as the Executors of the same Party should have been bounden, if he had made a Testament. Cap. 23. Executors may have a Writ of Accompt. Executors from henceforth shall have a Writ of Accompt, and the same Action and Process in the same Writ as the Testator might have had if he had lived. Digitized by Microsoft® A.D. 1285-1290. 15 Cap. 24. In like Oases like Writs be grantable. 11. (3) And whensoever from henceforth it shall fortune in the Chancery, that in one Case a Writ is found, and in like Case falling under like Law, and requiring like Remedy, is found none, the Clerks of the Chancery shall agree in making the Writ ; (4) or the Plaintiffs may adjourn it until the next Parliament, and let the Cases be written in which they cannot agree, and let them refer themselves until the next Parliament, by Consent of Men learned in the Law, a Writ shall be made, lest it might happen after that the Court should long time fail to minister Justice unto Complainants. 18 EDW. I. (WESTMINSTER III.). Cap. 1. [A.D. 1290.] (Quia emptores terrarum.) The Feoffee shall hold his Land of the chief Lord, and not of the Feoffor. Forasmuch as Purchasers of Lands and Tenements of the Fees of great Men and other Lords, have many Times heretofore entered into their Fees, to the Prejudice of the Lords, to whom the Freeholders of such great Men have sold their Lands and Tenements to be holden in Fee of their Feoffors, and not of the chief Lords of the Fees, whereby the same chief Lords have many Times lost their Escheats, Marriages, and Wardships of Lands and Tenements belonging to their Fees ; which Thing seemed very hard and extream unto those Lords and other gi'eat Men, and moreover in this Case manifest Disheritance : (2) Om" Lord the King, in his Parliament at Westminster, after Easter, the eighteenth Year of his Reign, that is to wit, in the Quinzime of Saint John Baptist, at the Instance of the great Men of the Realm, granted, provided, and ordained, That from henceforth it shall be law- ful for everj' Freeman to sell at his own Pleasure his Lands and Tene- ments, or Part of them, so that the Feoffee shall hold the same Lands or Tenements of the chief Lord of the same Fee, by such Service and Customs as his Feoffor held before. Cap. 2. If Part of the Land be sold, the Services shall be apportioned. And if he sell anj- Part of such Lands or Tenements to any, the Feoffee shall immediately hold it of the chief Lord, and shall be forth- Digitized by Microsoft® 16 IMPORTANT ENGLISH STATUTES. with charged with the Services, for so much as pertaineth, or ought to pertain to the said chief Lord for the same Parcel, according to the Quantity of the Land or Tenement so sold. (2) And so in this Case the same Part of the Service shall remain to the Lord, to be taken by the Hands of the Feoffee, for the which he ought to be attendant and answerable to the same chief Lord, according to the Quantitj' of the Land or Tenement sold for the Parcel of the Service so due. Cap. 3. No Feoffment shall be made to assure Land in Mortmain. And it is to be understood, that bj' the said Sales or Purchases of Lands or Tenements, or an}' Parcels of them, such Lands or Tene- ments shall in no wise come into Mortmain, either in Part or in Whole, neither by Policy ne Craft, contrarj' to the Form of the Statute made thereupon of late. (2) And it is to wit, that this Statute extendeth but onlj' to Lands holden in Fee-simple ; (3) and that it extendeth to the Time coming, and it shall begin to take Effect at the Feast of Saint Andrew the Apostle next coming. 18 EDW. I. (STAT. 4). CI. 8 & 9.* [A.D. 1290. J Fines, and loho are bound by them,. And the Cause wherefore such Solemnitj^ ought to be done in a Fine, is, because a Fine is so high a Bar, of so great Force, and of so strong Nature in itself, that it concludeth not onlj' such as be Parties and Privies thereto, and their Heirs but all other People of the World, being of full Age, out of Prison, of good Memory and within the Four Seas, the Day of the Fine levied, (9) if they make not then- Claim of their Action within a Year and a Day by the Countrj'. 4 EDW. ni. Cap. 7. [A.D. 1330.] Executors shall have an Action of Trespass for a Wrong done to their Testator. Item, Whereas in Times past Executors have not had Actions for a Trespass done to their Testators, as of the Goods and Chattels of the same Testators carried away in their Life, and so such Tres- * other important acts concerning fines and recoveries are 34 Edw. III. c- l€: 4 Hen. VII. c. 24: 21 Hen. VIII. c. 15; 32 Hen. VIII. c. 36; 14 Eliz. c. 8; 31 Eliz. c. 2; 4.Axme, c. 16, §§ 15, 16; 14 Geo. II. c. 20; 3 & 4 Wm. IV. c. 74. Digitized by Microsoft® A.D. 1290-1357. 17 passes have hitherto remained unpunished; (2) it is enacted, That the Executors in such Cases shall have an Action against the Tres- passers, and recover their Damages in like Manner, as thej^, whose Executors they be, should have had if they were in Life. 25 EDW. III. Cap. 5. [A.D. 1350.] Executors of executors shall Jiave the benefit and charge of the first testator. Item, it is accorded and established. That executors of execu- tors shall have actions of debts, accompts, and of goods carried away of the first testators, (2) and execution of statutes merchants and recognisances made in court of record to the first testator, in the same manner as the first testator should have had if he were in life, as well of actions of the time past, as of the time to come, in all cases where judgement is not yet given betwixt such executors ; (3) but that the judgements given to the contrary to this article in times past shall stand in their force ; (4) and that the same executors of executors shall answer to other of as much as they have recovered of the goods of the first testators, as the first executors should do if they were in fuU life. 31 EDW. III. Cap. 11. [A.D. 1357.] To whom the ordinary may commit the administration of the goods of him that dieth intestate. The benefit and charge of an ad- ministrator. Item, it is accorded and assented, That in case where a man dieth intestate, the ordinaries shall depute the next and most lawful friends of the dead person intestate to administer his goods ; (2) which deputies shall have an action to demand and recover as execu- tors the debts due to the said person intestate in the King's court, for to administer and dispencl for the soul of the dead ; (3) and shall answer also in the King's court to other to whom the said dead person was holden and bound, in the same manner as executors shall answer. (4) And they shall be accountable to the ordinaries, as executors be in the case of testament, as well of the time past as of the time to come. Digitized by Microsoft® 18 IMPORTANT ENGLISH STATUTES. 5 RICH. II. Cap. 7.* [A.D. 1381. J Tlie penalty where any doth enter into lands where it is not lawful, or with force. And also the King defendeth, That none from henceforth make an}' entrjf into any lands and tenements, bnt in case where entry is given bj' the law ; and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner. (2) And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by imprisonment of his body, and thereof ransomed at the King's wiU. 4 HEN. VIII. Cap. 2. [A.D. 1512.J Punishment of Murders. Whereas robberies, murders and felonies daily encrease more and more, and been committed and done in more heinous, open, and de- testable wise, than hath been oft seen in time past : and the persons so offending little regard the punishment thereof, by the course of tlie common law, ne bj^ reason of any statute heretofore made, but bear them bold of their clergy, and imagining and pleading of feigned and untrue foreign pleas, triable in foreign counties, to the intent to be removed from place to place, by colourable and imtrue suggestions, and for to be untrul}- acquit by favour, might, and corruption ; so that thej' live in manner without fear or dread : (2) for reformation whereof, and for the common wealth of this realm, and for to put the said murderers, felons, and offenders in more fear and dread so to offend : Be it ordained, established and enacted b}' the King our sov- ereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and b}- the autliority of the same. That all person or persons, hereafter committing murder or felony, in anj^ church, chapel, or hallowed place, or of and upon malice prepensed, rob or murder any person or persons in tlie King's high-waj', or else rob or murder an}- person irr his house, the owner or dweller of the house, his wife, chUd, or servant then being therein, and put in fear or dread bj' the same. That such person or persons so offending, be not from henceforth admitted to his or theu' clergy, (such as been within hoi J' orders only except.) *See 8 Hen. VI. c. 9; 31 Eliz. c. 11; 21 Jac. I. c. 15. Digitized by Microsoft® A.n. 1381-1529. 19 II. ^nd over tliat, be it enacted bj' the said autlioritj^, Tliat if any murderer or felon, upon his arraignment hereafter do allege, that he had taken any church or church-yard for murder felonj- or other place privileged for the same, in a foreign county, and against his will taken out thereof: that then the King's attornej^, or auj- other person that vi^ill sue or allege for the King, that the said murderer or felon so arraigned, was taken at large in the same shire where he is so arraigned ; that then the same allegiance and issue to be tried bj' the inquest that shall try the said murder or felon}' within the same shire, and before the same justice, where the said murderer or felon is arraigned, as though the said foreign plea had not been pleaded by the said felon : (2) and if it be found b}- the same inquest, that the said murderer or felon was taken within the same shire (as is aforesaid) that then he to have none advantage or benefit of the matter ahedged hj him for taking out of the church or church-j'ard, or other place privileged, in any such foreign shire : and this act to endure to the next parliament. 21 HENRY VIII. Cap. 4. [A.D. 1529.] The sale of land by part of the executors, laviful. Where divers sundrj^ persons before this time, having other per- sons seized to their use of and in lands and other hereditaments to and for the declaration of their wills, have hy their last wills and testaments willed and declared such their said lands, tenements, or other hereditaments to be sold by their executors, as well to and for the paj'ments of their debts, performance of their legacies, neces- sary and convenient finding of their wives, virtuous bringing up and advancement of their children to marriage, as also for other charitable deeds to be done and executed by their executors for the health of their souls. (2) And notwithstanding such trust and confidence so bj- them put in their said executors, it hath oftentimes been seen, where such last wills and testaments of such lands, tenements, and other hereditaments have been declared, and in the same divers executors named and made, that after the decease of such testators some of the same executors, willing to accomplish the trust and con- fidence that they were put in by the said testator, have accepted and taken upon them the charge of the said testament, and have been ready to fulfil and perform all things contained in the same ; and the residue of the same executors, uncharitably contrary to the trust that Digitized by Microsoft® 20 IMPORTANT ENGLISH STATUTES. the J' were put in, have refused to intermeddle in any wise with the execution of the said will and testament, or witli the sale of such lands so willed to be sold by the testator. (3) And forasmuch as a bargain and sale of such lands, tenements, or other hereditaments so willed by any person to be sold by his executors after his decease, after the opinion of divers persons, can in no wise be good or effec- tual in the law, unless the same bargain and sale be made bj' the whole number of the executors named to and for the same ; (4) hy reason whereof, as well the debts of such testators have rested unpaid and unsatisfied, to the great danger and peril of the souls of such testators, and to the great hindi'ance, and many times to the utter undoing of their creditors : (5) as also the legacies and bequests made bj' the testator to his wife, children, and for other charitable deeds to be done for the wealth of the soul of the same testator that made the same testament, have been also unperformed, as well to the ex- treme miserj' of the wife and children , of the said" testator, as also to tlie let of performance of other charitable deeds for the wealth of the soul of the said testator, to the displeasure of Almighty God. (6) For remedy whereof, be it enacted, ordained, and established bj^ the authoritj' of this present parliament. That where part of the executors named in anj' such testament of any such jjerson so making or declar- ing anj' such will of anj' lands, tenements, or other hereditaments to be sold hj his executors, after the death of any such testator, do refuse to take upon him or them the administration and charge of the same testament and last wiU wherein they be so named to be executors, and the residue of tlie same executors do accept and take upon them tlie cure and charge of the same testament and last will ; that then all bargains and sales of such lands, tenements, or other hereditaments, so willed to be sold by tlie executors of any such testator, as well heretofore made, as hereafter to be made by him or them only of the said executors that so doth accept, or that heretofore hath accepted and taken upon him or them any such cure or charge of administra- tion of any such will or testament, shall be as good and as effectual in the law, as if all the residue of the same executors named in the said testament, so refusing the administration of the same testament, had joined with him or them in the making of the bargain and sale of such lands, tenements, or other hereditaments so willed to be sold bj' the executors of any such testator, which heretofore hath made or declared, or that hereafter shall make or declare anj' such wUl, of any such lands, tenements, or other hereditaments after his decease, to be sold by his executors. Digitized by Microsoft® A.D. 1529. 21 II. Provided alway, That this act shall not extend to give power or authority to any executor or executors at any time hereafter to bar- gain or put to sale any lands, tenements, or hereditaments, by virtue and authority of any will or testament heretofore made, otherwise than thej^ might do by the course of the common law afore the making this act. Cap. 5. III. § 6. And in case any person die intestate, or that the execu- tors named in anj' such testament refuse to prove the said testament, then the said ordinarj', or other person or persons having authorit}' to take probate of testaments, as is abovesaid, shall grant the adminis- tration of the goods of the testator, or person deceased, to the widow of the same person deceased, or to the next of his kin, or to both, as by the discretion of the same ordinary shall be thought good, taking surety of him or them, to whom shall be made such commission, for the true administration of the goods, chattels, and debts, which he or they shall be so authorised to minister; (7) and in case where divers persons claim the administration as next of kin, which be equal in de- gree of kindred to the testator or person deceased, and where any per- son only desireth the administration as next of kin, where indeed divers persons be in equality of kindred, as is aforesaid, that in every such case the ordinary to be at his election and liberty to accept anj- one or mo making request, where divers do require the administration. IV. Or where but one or more of them, and not all being in equality of degree, do make request, then the ordinary to admit the widow, and him or them only making request, or any one of them at his pleasure, taking nothing for the same, unless the goods of the per- son so deceased amount above the value or sum of C. s. (2) and in case the goods of the person so deceased amount to above the value of C. s. and not above the value or sum of xl. li. then the said bishop, ordinary, or other person or persons so having authority to take pro- bate of testaments, as is aforesaid, their ministers and officers shall take onlj' ii. s. vi. d. sterling, and not above ; (3) and that the executor and executors named by the testator, or person so deceased, or such other person or persons to whom such administration shall be com- mitted where any person dieth intestate, or by way of intestate, calling or taking to him or them such person or persons, two at the^ least, to whom the said person so dying was indebted, or made any legacy, and upon theu' refusal or absence, two other honest persons, being next of Digitized by Microsoft® 22 IMPORTANT ENGLISH STATUTES. kin to the person so d^'ing, and in their default and absence two other honest persons, and in their presence, and by their discretions, shall make, or cause to be made, a true and perfect inventory of all the goods, chattels, wares, merchandises, as well moveable as not moveable what- soever, that were of the said person so deceased, (4) and the same shall cause to be indented, whereof the one part shall be by the said executor or executors, administrator or administrators, upon his or their oath or oaths, to be taken before the said bishops, or ordinaries, their officials, or commissaries, or other persons having power to take pro- bate of testaments, upon the holy evangelists, to be good and true, and the same one part indented shall present and deliver into the keeping of the said bishop, ordinary', or ordinaries, or other person having power to take probate of testaments, and the other part thereof to remain with the said executor or executors, administrator or ad- ministrators ; (5) and that no bishop, ordinarj', or other whatsoever person, having authority to take probate of testament or testaments, as is above said, upon the pain in this estatute hereafter contained, refuse to take any such inventorj- or inventories to him or them pre- sented or tendered to be delivered as is aforesaid. V. § 1. Provided alwaj's. That if the person so deceased will by his testament, or last will, anj' lands, tenements, or hereditaments, to be sold, that the money thereof coming, nor the profits of the said lands, for any time to be taken, shall not be accounted as anj' of the goods or chattels, of the said person so deceased. VIII. Provided alway. That this present act be not prejudicial to any ordinarj', or an}' other person, which now have or hereafter shall have authority for probate of testaments, but that everj- of them shall and maj- convent before them all and everj' person or persons made and named executor or executors of any testament, to the intent to prove or refuse the testament or testaments of their testator or testators, and to bring in inventories, and to do everj' other thing concerning the same, as they might do before the making of this act; (2) so that alwa3-s any such ordinary, or other person or persons having such authoritj', by themselves, their commissaries, scribes, registers, or other ministers aforesaid, shall not in any wise take for the same above the fees limited by this act, ne in any wise attempt any thing contrary to any part of the same act. Digitized by Microsoft® A.D. 1535. 23 27 HENRY VIII. Cap. 10. [A.D. 1535.] An act concerning uses and wills. Where by the common laws of this realm, lands tenements and hereditaments be not devisable by testament, (2) nor ought to be transferred from one to another, but by solemn livery and seisin, mat- ter of record, writing sufficient made bona fide, without covin or fraud ; (3) yet nevertheless divers and sundry imaginations, subtle inventions and practices have been used, whereby the hereditaments of this realm have been conveyed from one to another by fraudulent feoffments, fines, recoveries and other assurances craftily made to secret uses, intents and trusts ; (4) and also by wills and testaments, sometime made bj- nude parolx and words, sometime hy signs and tokens, and sometime by writing, and for the most part made by such persons as be visited with siclsness, in their extreme agonies and pains, or at such time as thej- have scantl}' had anj- good memorj' or remembrance ; (5) at which times thej- being provoljed by greedy and covetous per- sons lying in wait about them, do many times dispose indiscreetly and unadvisedly their lands and inheritances ; (6) by reason whereof, and by occasion of which fraudulent feoffments, fines, recoveries and other like assurances to uses, confidences and trusts, divers and many heirs have been unjustly at sundrj' times disherited, the lords have lost their wards, marriages, reliefs, harriots, escheats, aids pur fair fits chivalier, & pur file marier, (7) and scantly any person can be certainly assured of any lands bj^ them pm-chased, nor know surely against whom they shall use their actions or executions for their rights, titles and duties ; (8) also men married have lost their tenancies by the curtesj', (9) women their dowers, (10) manifest perjuries by trial of such secret wills and uses have been committed; (11) the King's highness hath lost the profits and advantages of the lands of persons attainted, (12) and of the lands craftUj^ put in feoffments to the uses of aliens born, (13) and also the profits of waste for a year and a day of lands of felons attainted, (14) and the lords their escheats thereof; (15) and many other inconveniences have happened, and dailj' do encrease among the King's subjects, to their great trouble and inquiet- ness, and to the utter subversion of the ajiicient common laws of this realm ; (16) for the extirping and extinguishment of all such subtle practised feoffments, fines, recoveries, abuses and errors heretofore used and accustomed in this realm, to the subversion of the good and Digitized by Microsoft® 24 IMPORTANT ENGLISH STATUTES. ancient laws of the same, and to the intent that the King's highness, or any other his subjects of this realm, shall not in any wise hereafter by any means or inventions be deceived, damaged or hurt, by reason of such trusts, uses or confidences: (17) it may please the King's most royal majesty. That it may be enacted by his Highness, by the assent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, in manner and form following ; that is to say. That where any person or persons stand or be seized, or at any time hereafter shall happen to be seized, of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons, or of any body politick, by reason of any bargain, sale, feoffment, fine, recover}', covenant, contract, agreement, will or otherwise, by any manner means whatsoever it be ; that in every such case, all and every such person and persons, and bodies politick, that have or hereafter shall have any such use, confidence or trust, in fee-simple, fee-tail, for term of life or for years, or otherwise, or anj' use, confidence or trust, in remainder or reverter, shall from henceforth stand and be seized, deemed and adjudged in lawful seisin, estate and possession of and in the same honours, castles, manors, lands, tenements, rents, services, reversions, remainders and hereditaments, with their appurtenances, to all intents, constructions and purposes in the law, of and in- such like estates as they had or shall have iu use, trust or confidence of or in the same ; (19) and that the estate, title, right and possession that was in such person or persons that were, or hereafter shall be seized of any lands, tenements or hereditaments, to the use, confidence or trust of any such person or persons, or of anj;- bodjr politick, be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such quality, manner, form and condition as they had before, in or to the use, confidence or trust that was in them. II. And be it further enacted by the authority aforesaid, That where divers and many persons be, or hereafter shall happen to be, jointly seized of and in any lands, tenements, rents, reversions, remainders or other hereditaments, to the use, confidence or trust of any of them that be so jointly seized, that in every such case that those person or persons which have or hereafter shall have any such use, confidence or trust in any such lands, tenements, rents, re- versions, remainders or hereditaments, shall from henceforth have. Digitized by Microsoft® A.D. 1535. 25 and be deemed and adjudged to have only to him or them that have, or hereafter shall have anj' such use, confldonce or trust, such estate, possession and seisin, of and in the same lands, tenements, rents, reversions, remainders and other hereditaments, in lOce nature, man- ner, form, condition and course, as he or they had before in the use, confidence or trust of the same lands, tenements or hereditaments ; (2) saving and reserving to all and singular persons, and bodies politick, their heirs and successors, other than those person or persons which be seized, or hereafter shall be seized, of any lands, tenements or hereditaments, to anj' use, confidence or trust, all such right, title, entry, interest, possession, rents and action, as the}' or any of them had, or might have had before the making of this act. III. And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seized to any use, all such former right, title, entry, interest, possession, rents, customs,' services and action, as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or heredita- ments, whereof they be, or hereafter shall be seized to any other use, as if this present act had never been had nor made ; any thing con- tained in this act to the contrary notwithstanding. IV. And where also divers persons stand and be seized of and in any lands, tenements or hereditaments, in fee-simple or otherwise, to the use and intent that some other person or persons shall have and perceive yearly to them, and to his or their heirs, one annual rent of X. li. or more or less, out of the same lands and tenements, and some other person one other annual rent, to him and his assigns for term of life or years, or for some other special time, according to such intent and use as hath been heretofore declared, limited and made thereof : V. Be it therefore enacted by the authority aforesaid. That in every such case the same persons, their heirs and assigns, that have such use and interest, to have and perceive any such annual rents out - of any lands, tenements or hereditaments, that they and every of them, their heirs and assigns, be adjudged and deemed to be in pos- session and seisin of the same rent, of and in such like estate as they had in the title, interest or use of the said rent or profit, and as if a sufficient grant, or other lawful conveyance had been made and exe- cuted to them, by such as were or shall be seized to the use or intent of any such rent to be had, made or paid, according to the very trust and intent thereof, (2) and that all and every such person and per- Digitized by Microsoft® 26 IMPOKTANT ENGLISH STATUTES. sons as have, or hereafter shall have, anj' title, use and interest in or to any such rent or profit, shall lawfully distrain for non-payment of the said rent, and in their own names make avowries, or by their bailifi's or servants make conisances and justifications, (3) and have aU other suits, entries and remedies for such rents, as if the same rents had been actually and really granted to them, with sufficient clauses of distress, re-entry, or otherwise, according to such condi- tions, pains, or other things limited and appointed, upon the trust and intent for paj'ment or surety of such rent. XI. And forasmuch as great ambiguities and doubts majr arise of the validity and invalidity of wills heretofore made of anj^ lands, tene- ments and hereditaments, to the great trouble of the King's subjects ; (2) the King's most royal majesty minding the tranquilitj^ and rest of Ms loving subjects, of his most excellent and accustoaned goodness is pleased and contented that it be enacted bj' the authoritj' of this present parliament. That all manner true and just wills and testaments heretofore made by anj^ person or persons deceased, or that shall de- cease before the first day of May, that shall be in the j-ear of our Lord God 1536, of any lands, tenements or other hereditaments, shaU be taken and accepted good and effectual in the law, after such fashion, manner and form as they were commonlj' talien and used at any time within forty j^ears next afore the making of this act ; any thing con- tained in this act, or in the preamble thereof, or any opinion of the common law to the contrarj- thereof notwithstanding. XII. Provided alwaj's. That the King's highness shall not have, demand or take any advantage or profit, for, or b}' occasion of the executing of an}^ estate, only by authoritj' of this act, to anj' person or persons, or bodies politick, which now have, or on this side the said first daj'' of May., which shall be in the j^earof our Lord God 1536, shall have any use or uses, trusts or confidences in anj^ manors, lands, tene- ments or hereditaments holden of the King's highness, by reason of primer seisin, livery, ouster le main, fine for alienation, relief or harriot ; (2) but that fines for alienations, reliefs and harriots, shall be paid to the King's highness, and also liveries and ouster les mains shall be used for uses, trusts and confidences to be made and executed in possession bj' authority of this act, after and from the said first da}' of May, of lands and tenements, and other hereditaments holden of the King, in such like manner and form, to all intents, constructions and purposes, as hath heretofore been used or accustomed by the order of the laws of this realm. Digitized by Microsoft® A.D. 1535. 27 XTII. Provided also, That no other person or persons, or bodies politick, of whom any lands, tenements or hereditaments be or here- after shall be holden mediate or immediate, shall in any wise demand or take any fine, relief or harriot, for or by occasion of the executing of any estate by the authority of this act, to any person or persons, or bodies politick, before the said first day of May, which shall be in the j-ear of our Lord God 1586. XIV. And be it enacted by authority aforesaid, That all and singular person and persons, and bodies politick, which at any time on this side the said first day of May, which shall be in the year of our Lord God 1536, shall have any estate unto them executed of and in any lands, tenements or hereditaments, by the authority of this act, shall and may have and take the same or like advantage, benefit, voucher, aid prayer, remedj', commoditj'- and profit by action, enfay, condition or otherwise, to all intents, constructions and purposes, as the person or persons seised to their use of or in any such lands, tene- ments or hereditaments so executed, had, should, might or ought to have had at the time of the execution of the estate thereof, by the authoritj' of this act, against any other person or persons, of or for any waste, disseisin, trespass, condition broken, or axvf other offence, cause or thing concerning or touching the said lands or tenements so executed hy the authority of this act.* Cap. 16. For inrolhnent of bargains and sales. Be it enacted by the authority of this present parliament. That from the last day of July, which shall be in the year of our Lord God 1536, no manors, lands, tenements or other hereditaments, shall pass, alter or change from one to another, whereby any estate of inheritance or freehold shall be made or take effect in any person or persons, or an}- use thereof to be made, hj reason only of any bargain and sale thereof, except the same bargain and sale be made by writing indented sealed, and inrolled in one of the King's courts of record at Westmin- ster, (2) or else within the same county or counties where the same manors, lands or tenements, so bargained and sold, lie or be, before the Custos Botulorum and two justices of the peace, and the clerk of the peace of the same county or counties, or two of them at the least, * Earlier statutes concerning uses are 15 Eicli. II. c. 5 ; 1 Eicli. III. c. 1 ; 19 Hen. YII. c. 15 ; 23 Hen. Yin. o. 10. Digitized by Microsoft® 28 IMPORTANT ENGLISH STATUTES. whereof the clerk of the peace to be one ; (3) and the same inroU- ment to be had and made within six montlis next after the date of the same writings indented ; (4) the same Gustos Botulorum, or justices of the peace and clerk, taking for the inroUment of every such writing indented before them, where the land comprised in the same writing exceeds not the j^early value of forty shillings, ii. s. that is to saj-, sij. d. to the justices, and xij. d. to the clerk ; (5) and for the inroU- ment of every such writing indented before them, wherein the land comprised exceeds the sum of xl. s. in the yearly value, v. s. that is to say, ii. s. vi. d. to the said justices, and ii. s. vi. d. to the said clerk for the inroUing of the same : (6) and that the clerk of the peace for the time being, within every such county, shall suflieientljr inroU and ingross in parchment the same deeds or writings indented as is aforesaid ; (7) and the roUs thereof at the end of every jear shall de- * liver unto the said Gustos Rotulorum of the same county for the time being, there to remain in the custodj^ of the said Gustos Rotulorum for the time being, amongst other records of every of the same counties where an}- such inroUment shall be so made, to the intent that every party that hath to do therewith, may resort and see the effect and tenor of every such writing so inrolled. II. Provided alwaj-s, That this act, nor any thing therein con- tained, extend to any manner lands, tenements, or hereditaments, Ij'ing or being within any city, borough or town corporate within this realm, wherein the maj-ors, recorders, chaml)erlains, baiUflfs or other ofHcer or oflScers have authority, or have lawfully used to inroll any evidences, deeds, or other writings within their precinct or limits ; any thing in this act contained to the contrary notwithstanding. 31 HENRY VIII. Cap. 1. [A.D. 1539.] For joint tenants and tenants in common. Forasmuch as by the common laws of this realm divers of the King's subjects, being seised of manors, lands, tenements and heredi- taments, as joint tenants, or as tenants in common with other, of au}- estate of inheritance, in their own right, or in the right of their wives, bj' purchase, descent or otherwise, and everj^ of them so being joint tenants, or tenants in common, have like right, title, interest and possession in the same manors, lands, tenements and hereditaments, for their parts or portions jointly or in common undividedly together with other ; (2) and none of them by the law doth or may know their Digitized by Microsoft® A.D. 1530 - 1540. 29 several parts or portions in the same, or that that is his or theirs, by itself undivided, and cannot by the laws of this realm otherwise occupy or take the profits of the same, or make any severance, division or partition thereof, without either of their mutual assents and consents ; (3) by reason whereof divers and many of them, being so jointly and undividedly seised of the said manors, lands, tenements and heredita- ments, oftentimes of their perverse, covetous and malicious minds and wills, against all right, justice, equitj' and good conscience, by strength and power, not only cut and fallen down all the woods and trees grow- ing upon the same, but also have extirped, subverted, pulled down and destroyed all the houses, edifices and buildings, meadows, pas- tures, commons, and the whole commodities of the same, and have taken and com^erted them to their own uses and behoofs, to the open wrong and disherison, and against the minds and wills of other hold- ing the same manors, lands, tenements and hereditaments jointly or in common with them, and they have been always without assured remedj' for the same : II. Be it therefore enacted bj' the King our most dread sovereign lord, and by the assent of the lords spiritual and temporal, and by the commons, in this present parliament assembled. That all joint tenants and tenants in common, that now be, or hereafter shall be, of anj- estate or estates of inheritance in their own rights, or in the right of, their wives, of anj' manors, lands, tenements or hereditaments within this realm of England, Wales, or the marches of the same, shall and may be coacted and compelled, by virtue of this present act, to make partition between them of all such manors, lands, tenements and hereditaments, as they now hold, or hereafter shall hold as joint ten- ants or tenants in common, hy writ De paHicijpatione faciewia, in that case to be devised in the King our sovereign lord's court of chancery, in lUie manner and form as coparceners by the common laws of this realm have been and are compellable to do, and the same writ to be pursued at the common law.* 32 HENRY VIII. Cap. 1. [A.D. 1540.] The act of ivills, ivards and firimer seisins, whereby a man may devise two paints of his land. Where the King's most roj-al majesty in all the time of his most gracious and noble reign hath ever been a merciful, loving, benevo- * [Sec 3-2 Henry VIII. c. 32.] Digitized by Microsoft® 30 IMPORTANT ENGLISH STATUTES. lent and most gracious sovereign lord, unto all and singular his loving and obedient subjects, and by many times past hath not only shewed and imparted to them generall}- by his many, often, and beneficial Ijardons heretofore Joy authority' of his parliament granted, but also by divers other ways and means many great and ample grants and benig- nities, in such wise as all his said subjects been most bounden to the uttermost of all their powers and graces \>y them received of God, to render and give unto his Majesty their most humble reverence and obe- dient thanks and services, with their dailj^ and continual praj-er to Al- mighty God, for the continual preservation of his most royal estate in most kingly honour and prosperity ; (2) jet always his Majesty being repleat and endowed by God with grace, goodness and liberalitj', most tenderly considering, that his said obedient and loving subjects cannot use or exercise themselves according to their estates, degrees, faculties and qualities, or to bear themselves in such wise, as that thej' may con-s-cnientlj-keep and maintain their hospitalities and famihes, nor the good education and bringing up of their lawful generations, which in this realm (laud be to God) is in all parts verj' great and abundant, but that in manner of necessit}', as by dail)- experience is manifested and known, thej- shall not be able of their proper goods, chattels and other movable substance, to discharge their debts, and after their de- grees set forth, to advance their children and posterities : (3) where- fore our s£iid sovereign Lord, most virtuously considering the mortality that is to every person at God's will and pleasure most common and uncertain, of his most blessed disposition and liberalitjr, being willing to relieve and help his said subjects in their said necessities and debilitj', is contented and pleased that it be ordained and enacted by authority of this present parliament, in manner and form as hereafter followeth ; that is to say, (4) That all and every person and persons, having, or which hereafter shall have, anj^ manors, lands, tenements or heredita- ments, holden in soccage, or of the nature of soccagc tenure, and not having anj' manors, lands, tenements or hereditaments, holden of the King our sovereign lord bj^ knights service, b}' soccage tenure in chief, or of the nature of soccage tenure in chief, nor of any other person or persons by knights service, from the twentieth daj- of July in the year of our Lord God M.D.XL. shall have full and free liberty, power and authority to give, dispose, will and devise, as well b,y his last will and testament in writing, or otherwise \)y oxyj act or acts lawfully executed in his life, all his said manors, lands, tenements or hereditaments, or an}' of them, at his free will and pleasure ; anj' law, statute or Digitized by Microsoft® A.D. 1540. 31 other thing heretofore had, made or used to the contrary notwith- standing. II. And that all and everj- person and persons, having manors, lands, tenements or hereditaments, holden of the King our sovereign lord, his heirs or successors, in soccage, or of the nature of soccage tenure in chief, and having anj- manors, lands, tenements or heredita- ments, holden of any other person or persons in soccage, or of the nature of soccage tenure, and not having any manors, lands, tene- ments or hereditaments, holden of the King our sovereign lord by knights service, nor of any other lord or person by like service, from the twentieth day of July in the said year of our Lord God M.D.XL. shall have full and free liberty, power and authority to give, will, dis- pose and devise, as well by his last will or testament in writing, or otherwise by any act or acts lawfully executed in his life, all his said manors, lands, tenements and hereditaments, or any of them, at his free will and pleasure ; anj' law, statute, custom or other thing here- tofore had, made or used to the contrary notwithstanding. III. Saving alway and reserving to the King our sovereign lord, his heirs and successors, all his right, title and interest of jprimer seisin and reliefs, and also all other rights and duties for tenures in soccage, or of the nature of soccage tenure in chief, as heretofore hath been used and accustomed, (2) the same manors, lands, tenements or hereditaments to be taken, had and sued out of and from the hands of his Highness, his heirs and successors, by the person or persons to whom any such manors, lands, tenements or hereditaments shall be disposed, willed or devised, in such and like manner and form, as hath been used 'bj any heir or heirs before the making of this statute ; (3) and saving and reserving also fines for alienations'of such manors, lands, tenements or hereditaments holden of the King our sovereign lord in soccage, or of the nature of soccage tenure in chief, whereof there shall be any alteration of freehold or inheritance, made by will or otherwise, as is aforesaid. IV. And it is further enacted by the authority aforesaid. That all and singular person and persons having anj' manors, lands, tene- ments, or hereditaments of estate of inheritance holden of the King's highness in chief hy knights service, or of the nature of knights ser- vice in chief, from the said twentieth day of July shall have full power and authoritj^, by his last will, by writing, or otherwise hy any act or acts lawfully executed in his life, to give, dispose, will or assign two parts of the same manors, lands, tenements, or hereditaments in three Digitized by Microsoft® 32 IMPORTANT ENGLISH STATUTES. parts to be divided, (2) or else as mucli of the said manors, lands, tenements, or hereditaments, as slaall extend or amount to the yearly xahie of two parts of the same, in three parts to be divided, in cer- taintj' and by special divisions, as it may be known in severalty, (3) to and for the advancement of his wife, preferment of his cliildren, and paj'ment of his debts, or otherwise at his will and pleasure ; any law, statute, custom, or other thing to the contrary thereof notwith- standing : ' V. Saving and reserving to the King our sovereign lord, the custodj^, wardship and j)rimer seisin, or anj^ of them, as the case shall require, of as much of the same manors, lands, tenements or heredita- ments, as shall amount and extend to the full and clear j'early value of the third part thereof, without any diminution, dower, fraud, covin, charge or abridgement of any of the same third part, or of the full profits thereof : VI. Saving also and reserving to the King our said sovereign lord, all fines for alienations of all such manors, lands, tenements and hereditaments, holden of the King by knights service in chief, where- of there shall be any alteration of freehold or inheritance made by will or otherwise, as is abovesaid. Cap. 2. The act of limitation with a proviso. Forasmuch as the time of limitation appointed for suing of writs of right, and other writs of possession and seisin of mens ancestors or predecessors, or of their own possession or seisin, by the laws and statutes of this realm heretofore made, limited and appointed, extend, and be of so far and long time past, that it is above the remembrance of anj^ li\'ing man, trulj' to try and know the perfect certaint}' of such things, as hath or shall come in trial, or do extend unto the tune and times limited i)}- the said laws and statutes, to the great danger of mens consciences that have or shall be impanelled in any jury for the trial of the same ; (2) and it is also a great occasion of much trouble, vexation and suits to the King's loving subjects at the common laws of this realm ; so that no man, although he and his ancestors, and those whose estate he or they have, hav? been in peaceable possession of a long season, of and in lands, tenements and other hereditaments, is or can be in any surety, quietness or rest, of and in the same, without a good remedy and reformation be had, made and provided Digitized by Microsoft® A.D. 1540. 33 for the same : (3) be it therefore enacted by the King our sovereign lord, the lords spiritual and temporal, and the commons, in this pres- ent parliament assembled, and by the authority of the same, That no manner of person or persons shall from henceforth sue, have or main- tain any writ of right, (4) or make any prescription,* title or claim of, to or for any manors, lands, tenements, rents, annuities, commons, pensions, portions, corrodies or other hereditaments, (5) of the pos- session of his or their ancestor or predecessor, and declare and alledge any further seisin or possession of his or their ancestor or predeces- sor, but onlj' of the seisin or possession of his ancestor or predeces- sor, which hath been, or now is,' or shall be seized of the said manors, lands, tenements, rents, annuities, commons, pensions, portions, cor- rodies or other hereditaments, within threescore years next before the teste of the same writ, or next before the said prescription, title or claim so hereafter to be sued, commenced, brought, made or had. II. And be it further enacted by the authority aforesaid. That no manner of person nor persons shall hereafter sue, have or maintain any assise of mort-ancestor, cosinage, ayel, writ of entry upon dis- seisin done to any of his ancestors or predecessors, or any other action possessorjf, upon the possession of saiy of his ancestors or predeces- sors, for any manors, lands, tenements or other hereditaments, of any further seisin or possession of his or their ancestor or predecessor, but onlj' of the seisin or possession of his or their ancestor or predecessor, which was, or hereafter shall be seized of the same manors, lands, tenements or other hereditaments, within fiftj^ j^ears next before the teste of the original of the same writ hereafter to be brought. III. And be it further enacted by the authority aforesaid. That no person nor persons shall hereafter sue, have or maintain any action for any manors, lands, tenements or other hereditaments of or upon his or their own seisin or possession therein, above thirty years next before the teste of the original of the same writ hereafter to be brought. IV. And be it also enacted by the authority aforesaid. That no person nor persons shall hereafter make any avowrj' or cognizance for any rent, suit or service, and alledge any seisin of any rent, suit or service in the same avowry or cognizance, in the possession of his or their ancestors or predecessor or predecessors, or in his own pos- session, or in the possession of any other, whose estate he shall pre- tend or claim to have above fifty j-ears next before the making of the said avowry or cognizance. Digitized by Microsoft® 34 IMPORTANT ENGLISH STATUTES. V. And over that be it enacted by the authoritj- aforesaid, That all formedons in reverjer, formedons in remainder, and scire facias upon fines, of any manors, lands, tenements, or other hereditaments, at any time hereafter to be sued, shall be sued, used and taken within flftj' years next alter that the title and cause of action fallen, and at no time after the said fifty j^ears passed. VI. And be it also enacted \>y the authority aforesaid, That if saiy person or persons at anj' time hereafter do sue anj' of the said actions or writs, for anj^ manors, lands, tenements or other hereditaments, (2) or make any avowry, cognizance, prescription, title or claim of or for anj' rent, suit, service or other hereditaments, (3) and cannot prove that he or thej', or his or their ancestors or predecessors, were in actual possession or seisin of and in the same manors, lands, tene- ments, rents, suits, services, annuities, commons, pensions, portions, corrodies or other hereditaments, at anj' time or times within the years before limited and appointed in this present act, and in manner and form as is aforesaid, (4) if the same be traversed or denied bj' the partj' plaintiff, demandant, or avowant, or hy the partj' tenant or de- fendant, that then and after such trial therein had, all and everj^ such person and persons and their heirs, shall from henceforth be utterly barred for ever, of all and everj' the said writs, actions, avowries, cognizance, prescription, title, or claim hereafter to be sued, had or made, of and for the same manors, lands, tenements, hereditaments or other the premises, or any jjart of the same, for the which the same action, writ, avowrj-, cognizance, prescription, title or claim hereafter shall be at anj' time had, sued or made. VII. Provided alwaj^, and be it enacted \>y the authority aforesaid. That all and every person and persons which now have an}' of the said actions, writs, avowries, Scire facias, cognizance, prescription, title or claim depending, or that hereafter shall sue, commence, make or bring any of the said writs or actions, or make any of the said avowries, cognizances, prescription, titles or claim, at anj' time before the feast of the Ascension of our Lord God, which shall be in the year of our Lord God a thousand five hundred forty and six, shall alledge the seisin of his or their ancestors or predecessors, or his own possession and seisin, and also have all other IDie advantages to all intents and purposes in the same writs, actions, avowries, cognizances, prescrip- tions, titles and claims, as he or they might lia^'o had at any time be- fore the making of this estatute ; this act or anything therein contained to the contrary notwithstanding. Digitized by Microsoft® A.D. 1540. 35 VIII. Provided also, and be it furtiier enacted by the authority aforesaid, That if any person or persons now being within the age of twenty-one 3'ears, or covert baron, or in prison, or out of this realm of England., now having cause to have, sue, commence, make or bring any of the said writs or actions, or to make any avowries, cognizances, prescriptions, titles or claims, that it shall be lawful to such person or persons being within age, covert baron, in prison, or out of this reahn, to sue, commence, or bring any of the said writs or actions, or make anjr of the said avowries, cognizances, prescriptions, titles or claims, at an J- time within six years next after such person or persons, now being within age, shall accomplish the age of one and twenty years, or within six years next after such person or persons, now being covert baron, shall be sole, or within six years next after such person or per- sons, now being in prison, shall be set at his liberty, or within six years next after such person or persons, now being out of this realm, shall come and be within this realm : (2) And that every such person and persons in their said actions, writs, avowries, cognizances, pre- scriptions, titles or claims to be made, sued or commenced within the said six years, shall alledge within the six years the seisin of his or their ancestors or predecessors, or of his own possession, or of the possession of those whose estate he shall then claim ; (3) and also within the same six j^ears shall have all and every like advantages to all intents and purposes in the same, as he or they might have had before the making of this act, and as though this act had never been had ne made ; this act nor any thing therein contained to the contrarj^ notwithstanding. IX. Provided also. That if it happen the said person or persons, now being within age, or covert baron, in prison, or out of this realm, having cause to sue, commence, make or bring an}- the said writs, ac- tions, avowries, cognizance, prescription, title or claim, to decease within age, or being covert, as is aforesaid, or during the time he or they shall be in prison or out of this realm, or to decease within six years next after such person Or persons shall accomplish his or their full ages, or shall be at large within this realm, or shall become sole, and no determination or judgment had of such titles, actions or rights, so to them accrued ; that then the next heir or heirs of such person or persons being in prison, or out of this realm, or within age, or being covert baron, so dying, shall have and enjoy all and every such liberty and advantage to sue, demand, advow, declare or make their said titles, claims or prescriptions within six years next after the death of Digitized by Microsoft® 36 IMPORTANT ENGLISH STATUTES. such person or persons now imprisoned or being out of this realm, or within age, or covert de baron, in such or like manner and form to all intents and purposes, as the same infant after his full age, or the said woman covert after the death of her husband, or the same person being out of this realm after his repair or coming into the same, or the said person imprisoned after his enlargement and coming out of prison, should or might have had within six years then next ensuing, by force and virtue of the provision last before rehearsed ; anj' thing in this act contained to the contrarj'' thereof in anj' wise notwithstanding. X. Provided also. That if any person or persons before the said feast of the Ascension of our Lord God, which shall be in the said year of our Lord God one thousand five hundred and forty six, com- mence and sue laij of the said actions or writs, or make anj' avowry, prescrijDtion, title or claim, and the same action, writ, avowry, cogni- zance, prescription, title or claim happen, by the death of any of the parties to the same, to be abated before judgment or determination thereof had ; that then the said person or persons, being demandants or avowants, or making any such cognizance, prescription, title or claim, being then alive, and if not, then the next heir or heirs of such person or persons so deceased, may commence and pursue his or their action and suit, and make his or their avowrj^, cognizance, prescrip- tion, title or claim, for or upon the same matter, within one j-ear next after such action or suit abated, and shall have and enjoy all and every such liberty and advantage to sue, demand, avow, declare or make their said titles, claims or prescriptions, within the said one year, as the demandant or demandants in such writ or suit abated, or as such as did avow or make cognizance, title or claim, or prescription, should or might have done, had, used, made or enjoyed in the said former action or suit ; any thing in this act to the contrarjr notwithstanding. XI. Provided furthermore. That if any false verdict happen here- after to be given or made in any of the said actions, suits, avowries, prescriptions, titles or clauns, that then the partj^ grieved by reason of the same shall and may have his attaint upon ever}' such verdict so given or made, and the plaintiff in the same attaint, upon judgment for him given, shall have his recovery, execution and other advantage, in like manner and form as heretofore hath been used and accustomed ; any thing before in this act contained to the contrary thereof notwith- standing. Digitized by Microsoft® A.D. 1540. 37 Cap. 9. Tlie hill of hracery and buying of titles. The King our sovereign lord, calling to his most blessed remem- brance, that there is nothing within this realm that conserveth his lov- ing subjects in more quietness, rest, peace and good concord, than the duo and just ministration of his laws, and the true and indifferent trials of such titles and issues, as been to be tried according to the laws of this realm, (2) which his most royal Majesty perceiveth to be greatly hindred and letted by maintenance, embracery, champerty, subornation of witnesses, sinister labour, buying of titles and pre- tensed rights of persons not being in possession, (3) whereupon great perjury hath ensued, and much inquietness, oppression, vexation, trou- bles, wrongs and disinheritance hath followed among his most loving subjects, to the great displeasure of Almighty God, the dis'contentation of his Majesty, and to the great hindrance and let of justice within this his realm : (4) for the avoiding of aU which misdemeanors, and buj''- ing of titles and pretensed rights, and to the intent that justice may be more fullj^ and indifferently ministred, and the truth in causes of contention plainly tried between his subjects of this realm : (5) be it enacted by our said sovereign lord, with the assent of the lords spirit- ual and temporal, and the commons, in this present parliament assem- bled, and by the authority of the same, That from henceforth all statutes heretofore made concerning maintenance, champerty and em- bracery, or any of them, now standing and being in their fuU strength and force, shall be put in due execution, according to the tenures and effects of the same statutes. II. And over that, be it further enacted bj' the authority aforesaid. That no person nor persons, of what estate, degree or condition soever he or they be, shall from henceforth bargain, buy, or sell, or by any ways or means obtain, get or have anj- ]3retensed rights or titles, or take promise, grant or covenant to have any right or title of any per- son or persons, in or to any manors, lands, tenements or hereditaments (except such person or persons, which shall so bargain, sell, give, grant, covenant or promise the same, their antecessors, or they by whom he or they claim the same, have been in possession of the same, or of the reversion or remainder thereof, or taken the rents or profits thereof, by the space of one whole year next before the said bargain, covenant, grant or promise made) (2) upon pain that he that shall make any such bargain, sale, promise, covenant or grant, to forfeit the Digitized by Microsoft® 38 IMPORTANT ENGLISH STATUTES. whole value of the lands, tenements or hereditaments, so bargained, sold, promised, covenanted or granted, contrarj' to the form of this act ; (3) and the buj-er and taker thereof, knowing the same, to forfeit also the value of the said lands, tenements or hereditaments so by him bought or taken as is abovesaid ; (4) the one half of the said for- feitures to be to the King our sovereign lord, and the other half to the party that will s,ue for the same in any of the King's courts of record, by action of debt, bill, plaint or information ; in which action, biU, plaint or information, no essoin, protection, wager of law, nor injunc- tion shall be allowed. rV. Provided alwaj^ and be it enacted by the authority aforesaid, That it shall be lawful to any person or persons being in lawful pos- session by taking of the j'early farm, rents or profits, of or for any manors, lands, tenements or hereditaments, to buy, obtain, get or have, by any reasonable ways or means, the pretensed right or title of any other person or persons, hereafter to be made to, of, or in such manors, lands, tenements or hereditaments, whereof he or they shall so be in lawful possession ; any thing in this act contained to the con- trary notwithstanding. Cap. 28. Lessees to enjoy the farm against the tenants in tail. Where great number of the King's subjects have heretofore taken leases of lands, tenements and other hereditaments, for term of years, and divers of them for term of lives, and have given and paid great fines and great sums for the same, and also have been at gi-eat costs and charges, as well in and about great reparations and buildings upon their said ferms, as otherwise concerning their said ferms ; (2) yet notwithstanding the said fermors, after the deaths or resignations of their lessors, have been and be daily with great cruelty expulsed and put out of their said ferms and takings, bj'^ the heirs or successors of their said lessors, or by such persons as have interest therein after the deaths or resignations of their said lessors, by reason of privy gifts of intail, or for that the lessors had nothing in the lauds, tenements or other hereditaments so letten, at the time of the leases thereof made, but only in the right of their wives, or such other like cause, to the gredt impoverishment, and in manner utter undoing of the said fermors : (3) For reformation whereof, be it ordained, established and enacted by the King our sovereign lord, the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authoritj^ Digitized by Microsoft® A.D. 1540. 39 of the same, That all leases hereafter to be made of any manors, lands, tenements or other hereditaments by writing indented under seal for term of years, or for term of life, by any person or persons being of full age of twenty-one years, having any estate of inheritance either in fee-simple or in fee-tail, in their own right, or in the right of their churches or wives, or jointly with their wives, of any estate of inheritance made before the coverture or after, shall be good and effectual in the law against the lessors, their wives, heirs 'and succes- sors, and every of them, according to such estate as is comprised and specified in every such indenture of lease, in lilie manner and form as the same should have been, if the lessors thereof, and every of them, at the time of the making of such leases, had been lawfully seised of the same lands, tenements and hereditaments comprised in such indenture, of a good, perfect and pure estate of fee-simple thereof to their own only uses. II. Provided always, That this act, or any thing contained, shall not extend to any leases to be made of any manors, lands, tenements or hereditaments, being in the hands of any fermor or fermors by virtue of any old lease, unless the same old lease be expired, surrendrcd or ended within one year next after the making of the said new lease ; (2) nor shall extend to any grant to be made of any reversion of any manors, lands, tenements or hereditaments, (3) nor to any lease of any manors, lands, tenements or hereditaments which have not most commonljr been letten to ferm, or occupied by the fermors thereof, by the space of twenty years next before such lease thereof made ; (4) nor to any lease to be made without impeachment of waste, (5) nor to any lease to be made above the numbe;* of twenty-one j'ears, or three lives, at the most from the daj^ of making thereof; (6) and that upon every such lease, there be reserved yearly during the same lease, due and paj'able to the lessors, their heirs and successors, to whom the same lands should have come after the deaths of the lessors, if no such lease had been thereof made, and to whom the reversion thereof shall apper- tain, according to their estates and interests, so much yearly ferm or rent, or more, as hath been most accustomably yielden or paid for the manors, lands, tenements and hereditaments so to be letten within twenty years next before such lease thereof made ; (7) and that every such person and persons, to whom the reversion of such manors, lands, tenements or hereditaments so to be letten shall appertain, as is afore- said, after the deaths of such lessors or theh heirs, shall and may have such like remedy and advantage, to all intents and purposes, Digitized by Microsoft® 40 IMPORTANT ENGLISH STATUTES. against the lessees thereof, their executors and assigns, as the same lessor should or might have had against the same lessees. (8) So that if the lessor were seised of any special estate-tail of the same heredita- ments at the time of such lease, that the issue or heir of that special estate shall have the reversion rents and services reserved upon such lease after the death of the said lessor, as the lessor himself might or ought to have had if he had lived. III. Provided alway, That the wife be made party to every such lease which hereafter shall be made by her husband of any manors, lands, tenements or hereditaments, being the inheritance of the wife ; (2) and that every such lease be made by indenture in the name of the husband and his wife, and she to seal to the same ; (3) and that the ferm and rent be reserved to the husband and to the wife, and to the heirs of the wife, according to her estate of inheritance in the same ; (4) and that the husband shall not in any wise aliene, dis- charge, grant or give awaj' the same rent reserved, nor anj' part thereof, longer than during the coverture, without it be hj fine levied by the said husband and wife ; (5) but that the same rent shall re- main, descend, revert or come after the death of such husband, unto such person or persons and their heirs, in such manner and sort as the lands so leased should have done, if no such lease had been thereof made. VI. And moreover for certain consideration be it enacted by authority aforesaid. That no fine, feoffment or other act or acts here- after to be made, suffered or done by the husband onlj', of anj' ma- nors, lands, tenements or hereditaments, being the inheritance or freehold of his wife, during the coverture between them, shall in any wise be or make any discontinuance thereof or be prejudicial or hurtful to the said wife or to her heirs, or to such as shall have right, title or interest to the same by the death of such wife or, wives ; (2) but that the same wife and her heirs, and such other to whom such right shaU appertain after her decease, shaU and may then lawfully enter into all such manors, lands, tenements and hereditaments according to their rights and titles therein ; anj' such fine, feoffment or other act to the contrarj- notwithstanding ; fines levied by the husband and wife (whereunto the said wife is party and privy) onlj' except. VII. Provided furthermore. That this clause or act extend not to give any liberty to anj' such wife, or to her heirs, for to avoid any lease hereafter to be made of any the inheritance of the wife by her husband and her for term of one and twenty years, or under, or any her inheri- Digitized by Microsoft® A.D. 1540. 41 tance for term of three lives at the uttermost, whereupon as much yearly rent or more is or shall be reserved, and yearly payable during the same lease, as was at any time therefore yielden or paid within twenty years next before the making of any such lease, according to the tenor of this present act ; any thing therein contained to the con- trary notwithstanding. Cap. 33. An act that wrongful disseisin is no descent in law. Where divers persons of their insatiable minds have heretofore by strength, and without title, entered into manors, lands, tenements and other hereditaments, and wrongfully disseised the rightful owners and possessors thereof, and so being seised by disseisin, have thereof died seised, by reason of which dying seised, the disseisee, or such other persons as before such descent might have lawfully entered into the said manors, lands and tenements, were and be thereby clearly ex- cluded of their entay into the said manors, lands and tenements, and put to their action for their remedy and recoverj' therein, to theh great costs and charges ; (2) for reformation whereof, be it enacted by the authority of this present parliament. That the djang seised hereafter of any such disseisor, of or in any manors, lands, tenements, or other hereditaments, having no right or title therein, shall not be taken or deemed from henceforth any such descent in the law, for to toll or take away the entry of any such person or persons, or their heirs, which at the time of the same descent had good and lawful title of entrj- into the said manors, lands, tenements or hereditaments, except that such disseisor hath had the peaceable possession of such manors, lands, tenements or hereditaments whereof he shall so die seised, by the space of five 5rears next after the disseisin therein by him committed, without entry or continual claim by or of such person or persons as have lawful title thereunto. Cap. 34. Concerning grantees of reversions to take advantage of the conditions to be performed by the lessees. Where before this time divers, as well temporal as ecclesiastical and religious persons, have made sundry leases, demises and grants to divers other persons, of sundry manors, lordships, ferms, meases, lands, tenements, meadows, pastures, or other hereditaments, for term Digitized by Microsoft® 42 IMPORTANT ENGLISH STATUTES. of life or lives, or for term of years, bj^ writing under their seal or seals, containing certain conditions, covenants and agreements to be performed, as well on the part and behalf of the said lessees and grantees, their executors and assigns, as on the behalf of the said lessors and grantors, their heirs and successors ; (2) and forasmuch as b}' the common law of this reahn, no stranger to anj' covenant, action or condition, shaU take any advantage or benefit of the same, by any means or ways in the law, but only such as be parties or privies thereunto, by the reason whereof, as well all grantees of reversions, as also all grantees and patentees of the King our sovereign lord, of sun- drjr manors, lordships, granges, ferms, meases, lands, tenements, meadows, pastures, or other hereditaments late belonging to monas- teries, and other religious and ecclesiastical houses dissolved, sup- pressed, renounced, relinquished, forfeited, given up, or by other means come to the hands and possession of the King's majesty since the fourth day of February the seven and twentieth year of his most noble reign, be excluded to have anj- entry or action against the said lessees and grantees, their executors or assigns, which the lessors before that time might bj' the law have had against the same lessees for the breach of any condition, covenant or agreement comprised in the indentures of their said leases, demises and grants : (3) be it there- fore enacted bj' the King our sovereign lord, the lords spiritual aud temporal, and the commons, in this present parliament assembled, and by authority of the same. That as well all and every person and per- sons, and bodies politick, their heirs, successors and assigns, which have or shall have any gift or grant of our said sovereign lord by his letters patents of anj' lordships, manors, lands, tenements, rents, par- sonages, tithes, portions, or any other hereditaments, or of any rever- sion or reversions of the same, which did belong or appertain to anj'' of the said monasteries, and other reUgious and ecclesiastical houses, dissolved, suppressed, relinquished, forfeited, or by any other means come to the King's hands since the said fourth day of February the seven and twentieth j-ear of his most noble reign, or which at any time heretofore did belong or appertain to anj' other person or per- sons, and after came to the hands of our said sovereign lord, (4) as also all other persons being grantees or assignees to or bj- our said sovereign lord the King, or to or bj' auj- other person or persons than the King's highness, and the heirs, executors, successors and assigns of every of them, (5) shall and may have and enjoy like advantages against the lessees, their executors, administrators and assigns, bj- Digitized by Microsoft® A.D. 1540. 43 entry for non-paj'ment of the rent, or for doing of waste or other for- feiture ; (6) and also sliall and maj' have and enjoy all and everj* such like, and the same advantage, benefit and remedies by action only, for not performing of other conditions, covenants or "agreements contained and expressed in the indentures of their said leases, demises or grants, against all and every the said lessees and farmers and grantees, their executors, administrators and assigns, as the said lessors or grantors themselves, or their heirs or successors, ought, should, or might have had and enjoyed at any time or times, (7) in like manner and form as if the reversion of such lands, tenements or hereditaments had not come to the hands of our said sovereign lord, or as our said sovereign lord, his heirs and successors, should or might have had and enjoyed in certain cases, by virtue of the act made at the first session of this present parliament, if no such grant by letters patents had been made hj his Highness. II. Moreover be it enacted by authoritj^ aforesaid. That all farmers, lessees and grantees of lordships, manors, lands, tenements, rents, parsonages, tithes, portions, or any other hereditaments for term of j^ears, life or lives, their executors, administrators and assigns, shall and may have like action, advantage and remedy against all and every person and persons and bodies politick, their heirs, successors and assigns, which have or shall have any gift or grant of the King our sovereign lord, or of any other person or persons, of the reversion of the same manors, lands, tenements, and other hereditaments so letten, or a.nj parcel thereof, for any condition, covenant or agreement con- tained or expressed in the indentures of their lease and leases, as the same lessees, or any of them might and should have had against the said lessors and grantors, theii- heirs and successors ; (2) all benefits and advantages of recoveries in value by reason of any warranty in deed or in law by voucher or otherwise only accepted. Cap. 37. For recovery of arrearages of rents by executors of tenant in fee-simple. Forasmuch as by the order of the common law, the executors or administrators of tenants in fee-simple, tenants in fee-tail, and tenants for term of lives, of rents services, rent charges, rents seeks, and fee- farms, have no remedy to recover such arrearages of the said rents or fee-farms as were due unto their testators in their lives, (2) nor j'et the heirs of such testator, nor any person having the reversion of his Digitized by Microsoft® 44 IMPORTANT ENGLISH STATUTES. estate after his decease, may distrain, or have anj' lawful action to levy anj- such arrearages of rents or fee-farms, due unto him in his life as is aforesaid ; (3) by reason whereof, the tenants of the demean of such lands, tenements or hereditaments, out of the which such rents were due and payable, who of right ought to pay their rents and farms at such daj's and terms as they were due, do manj' times keep, hold and retain such arrearages in their own hands, so that the executors and administrators of the persons to whom such rents or fee-farms were due, cannot have or come by the said arrearages of the same, towards the paj'ment of the debts and performance of the will of the said testators : (4) For remed}' whereof, be it enacted by the authority of this present parliament. That the executors and administrators of every such person or persons, unto whom any such rent or fee-farm is or shall be due, and not paid at the time of his death, shall and maj' have an action of debt for all such arrearages, against the tenant or tenants that ought to have paid the said rent or fee-farms so being be- hind in the life of their testator, or against the executors and adminis- trators of the said tenants ; (5) and also furthermore, it shall be law- ful to every such executor and administrator of anj' such person or persons unto whom such rent or fee-farm is or shall be due, and not paid at the time of his death as is aforesaid, to distrain for the arrear- ages of all such rents and fee-farms, upon the lands, tenements and other hereditaments, which were charged with the paj'ment of such rents or fee-farms, and chargeable to the distress of the said testator, (6) so long as the said lands, tenements or hereditaments continue, remain and be in the seisin or possession of the said tenant in demesn, who ought immediately to have paid the said rent or fee-farm so being behind, to the said testator in his Ufe, (7) or in the seisin or posses- sion of a,nj other person or persons claiming the said lands, tenements and hereditaments, onlj' bj* and from the same tenant by purchase, gift or descent, (8) in Uke manner and form as their said testator might or ought to have done in his life-time, and the said executors and administrators shall, for the same distress, lawfully make avowry upon their matter aforesaid. III. And further be it enacted by the authority aforesaid. That if anj' man which now hath, or hereafter shall have in the right of his wife, anj' estate in fee-simple, fee-tail, or for term of life, of or in anj- rents or fee-farms, and the same rents or fee-farms now be, or hereaf- ter shall be clue, behind and unpaid in the said wife's life ; then the said husband, after the death of his said wife, his executors and ad- Digitized by Microsoft® A.D. 1542-1543. 45 ministrators, shall have an action of debt for the said arrearages against the tenant of the demesn that ought to have paid the same, his execu- tors or administrators ; (2) and also the said husband, after the death of his said wife, may distrain for the said arrearages, in like manner and form, as he might have done if his said wife had been then living, and make avowrj- upon his matter as is aforesaid. IV". And likewise it is further enacted by the authority aforesaid. That if anj' person or persons which now have, or hereafter shall have, any rents or fee-farms for term of life or lives, of any other person or persons, and the said rent or fee-farm now be, or hereafter shall be due, behind and unpaid in the life of such person or persons for whose life or lives the estate of the said rent or fee-farm did depend or continue, and after the said person or persons do die, then he unto whom the said rent or fee-farm was due in form aforesaid, his executors or ad- ministi'ators shall and may have an action of debt against the tenant in demesn, that ought to have paid the same when it was first due, his executors and administrators, (2) and also distrain for the same arrearages upon such lands and tenements out of the which the said rents or fee-farms were issuing and paj-able, (3) in such like manner and form as he ought or might have done, if such person or persons by whose death the aforesaid estate in the said rents and fee-farms was determined and expired, had been in full life and not dead; and the avowry for the taking of the same distress to be made in manner and form aforesaid. 34 & 35 HEN. VIII. Cap. 5. [A.D. 1542-1543.] The hill concerning the explanation of ivills. I. "Where in the last parliament begun and holden at Westminster the thirty-eighth daj^ of April in the thirty-first year of the King's most gracious reign, and thereby divers prorogations holden and continued unto the twentj'-fourth day of July in the thirty-second year of his said reign, it was by the King's most gracious and liberal disposition shewed toward his most humble and obedient subjects, ordained and enacted how and in what manner lands, tenements, and other here- ditaments might be by will or testament in writing, or otherwise by any act or acts lawfully executed in the hfe of every person, given, disposed, willed or devised, for the advancement of the wife, prefer- ment of the children, payment of debts of every such person, or other- wise at his wiU and pleasure, as in the same act more plainly is Digitized by Microsoft® 46 IMPORTANT ENGLISH STATUTES. declared : (2) sithen the making of which estatute, divers doubts, questions and ambiguities have risen, been moved, and grown, by diversitj' of opinions, taken in and upon the exposition of the letter of the same estatute. II. For a plain declaration and explanation whereof, and to the intent and purpose that the King's obedient and loving subjects shall and may take the commoditj' and advantage of the King's said gra- cious and liberal disposition, the lords spiritual and temporal, and the commons, in this present parliament assembled, most humblj^ be- scechen the King's majesty, that the meaning of the letter of the same estatute, concerning such matters hereafter rehearsed, ma,y be by the authority of this present parliament enacted, taken, expounded, judged, declared and explained in manner and form following : III. First, Where it is contained in the same former statute, within divers articles and branches of the same, that all and singular person and persons having any manors, lands, tenements or hereditaments of the estate of inheritance, should have full and free libertj', power and authoritj' to give, will, dispose or assign, as well by his last will and testament in writing, or otherwise bj' any act or acts lawfuUj' exe- cuted in his life, his manors, lands, tenements or hereditaments, or any of them, in such manner and form as in the same former act more at large it doth appear. Which words of estate of inheritance, bj' the autliority of this present parliament, is and shall be declared, ex- pounded, taken and judged of estates in fee-simple onlj''. rV". And also that all and singular person and persons having a sole estate or interest in fee-simple, or seised in fee-simple in copar- cenary, or in common in fee-simple, of and in anj- manors, lauds, tenements, rents or other hereditaments, in possession, reversion, remainder, or of rents or services incident to an}* reversion or remain- der, and having no manors, lands, tenements or hereditaments holden of the King, his heirs or successors, or of any other person or persous by knights-service, shall have full and free liberty, power and author- itj' to give, dispose, will or devise to any person or persons (except bodies politick and corporate) by his last will and testament in writing, or otherwise by any act or acts lawfullj- executed in his life, hy himself solely, or b}" himself and other jointly, severaUj' or particularlj', or by all those ways, or any of them, as much as in him of right is or shall be, all his said manors, lands, tenements, rents and hereditaments, or any of them, or any rents, commons or other profits or commodities out of or to be perceived of the same, or out of anj' parcel thereof, at Digitized by Microsoft® A.D. 1570. 47 his own free will and pleasure ; an}- clause in the said former act notwithstanding. XIV. And it is further declared and enacted by the authority aforesaid, That wills or testaments made of any manors, lands, tene- ments, or other hereditaments, by any woman covert, or person within the age of twenty-one years, idiot, or by any person de non sane memory, shall not be taken to be good or effectual in the law. 13 ELIZ. Cap. 5. [A.D. 1570.] An act against fraudulent deeds, alienations, &c. For the avoiding and abolishing of feigned, covinous and fraudu- lent feoffments, gifts, grants, alienations, convej'ances, bonds, suits, judgments and executions, as weU of lands and tenements as of goods and chattels, more commonl}' used and practised in these days than hath been seen or heard of heretofore : (2) which feoffments, gifts, grants, alienations, convej'ances, bonds, suits, judgments and execu- tions, have been and are devised and contrived of malice, fraud, covin, collusion or guile, to the end, puqDose and intent, to delaj', hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortu- aries and reliefs, not onlj' to the let or hinderance of the due course and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining and chevisauce between man and man, without the which no commonwealth or civil society' can be maintai^ied or continued : II. Be it therefore declared, ordained and enacted by the authoritj' of this present parliament. That all and everj^ feoffment, gift, grant, alienation, bargain and conveyance of lands, tenements, heredita- ments, goods and chattels, or of any of them, or of any lease, rent, common or other profit or charge out of the same lands, tenements, hereditaments, goods and chattels, or any of them, b}'' writing or otherwise, (2) and all and everj' bond, suit, judgment and execution, at any time had or made sithence the beginning of the Queen's majestj'-'s reign that now is, or at any time hereafter to be had or made, (3) to or for any intent or purpose before declared and ex- pressed, shall be from henceforth deemed and taken (onlj^ as against that person or persons, his or their heirs, successors, executors, admin- istrators and assigns, and every of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries and re- Digitized by Microsoft® 48 IMPORTANT ENGLISH STATUTES. liefs, by such guileful, covinous or fraudulent devices and practices, as is aforesaid, are, shall or might be in any wise disturbed, hindred, delayed or defrauded) to be clearly and utterlj' void, frustrate and of none effect ; any pretence, colour, feigned consideration, expressing of use, or anj' other matter or thing to the contrary notwithstanding. III. And be it further enacted by the authority aforesaid, That all and every the parties to such feigned, covinous or fraudulent feoff- ment, gift, grant, alienation, bargain, conveyance, bonds, suits, judg- ments, executions and other things before expressed, and being privy and knowing of the same, or any of them ; (2) which at any time after the tenth day of June next coming shall wittingly and willingly put in ure, avow, maintain, justif}- or defend the same, or &ny of them, as true, simple, and done, had or made bond fide and upon good con- sideration ; (3) or shall alien or assign any the lands, tenements, goods, leases or other things before-mentioned, to him or them con- vej'ed as is aforesaid, or anj' part thereof; (4) shall incur the penalty and forfeiture of one j-ear's value of the said lands, tenements and hereditaments, leases, rents, commons or other profits, of or out of the same ; (5) and the whole value of the said goods and chattels ; (6) and also so much money as are or shall be contained in any such covinous and feigned bond ; (7) the one moietj' whereof to be to the Queen's majesty, her heirs and successors, and the other moietj' to the party or parties grieved by such feigned and fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bonds, suits, judgments, exe- cutions, leases, rents, commons, profits, charges and other things aforesaid, to be recovered in any of the Queen's courts of record by action of debt, bill, plaint or information, wherein no essoin, protec- tion or wager of law shall be admitted for the defendant or defendants ; (8) and also being thereof lawfully convicted, shall suffer imprison- ment for one half year without bail or mainprise. VI. Provided also, and be it enacted by the authoritj' aforesaid, That this act, or anything therein contained, shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattels, had, made, conveyed or assured, or hereafter to be had, made, conveyed or assured, which estate or interest is or shall be upon good consideration and 6ond fide lawfully conveyed or assured to any person or persons, oi; bodies politick or corporate, not having at the time of such conveyance or assm-ance to them made, any manner of notice or knowledge of such covin, fraud or collusion as is aforesaid ; anything before mentioned to the contrary hereof notwithstanding. Digitized by Microsoft® A.D. 1576-1585. 49 18 ELIZ. Cap. 14. [A.D. 1576.] An act for reformation of jeofails. Be it enacted by the Queen's most excellent majesty, the lords spiritual and temporal, and the commons, in this present parliament assembled, and bj' the authoritj' of the same, That if any verdict of twelve men or more shall be hereafter given in any action, suit, bill, plaint or demand, in any court of record, the judgment thereupon shall not be stayed or reversed bj' reason of any- default in form, or lack of form, touching false Latin or variance from the register, or other defaults in form, in any writ original or judicial, count, declara- tion, plaint, bill, suit or demand, or for want of any writ original or judicial, or by reason of any imperfect or insufficient return of anj- sheriff or other officer, or for want of any warrant of attorney, or by reason of any manner of default in process, upon or after any aid prier or voucher, nor anj' such record or judgment after verdict to be given hereafter, shall be reversed for any the defects or causes aforesaid ; anj' law, statute or usage to the contrary notwithstanding. II. Provided always, and be it further enacted by the authority aforesaid. That this act, or anything therein contained, shall not extend to any writ, declaration or suit of appeal of felony or murder, nor to any indictment or presentment of felonj% murder, treason or other matter, nor to anj' process upon any of them, nor to any writ, bill, action or information upon any popular or penal statute ; anything aforesaid to the contrary notwithstanding. 27 ELIZ. Cap. 4. [A.D. 1585.] An act against covinous and fraudulent conveyances. Forasmuch as not onlj- the Queen's most excellent majestj^ but also divers of her Highness good and loving subjects, and bodies poli- tick and corporate, after conveyances obtained, or to be obtained, and purchases made or to be made, of lands, tenements, leases, estates and hereditaments, for money or other good considerations, may have, incur and receive great loss and prejudice by reason of fraudulent and covinous conveyances, estates, gifts, grants, charges and limitations of uses heretofore made or hereafter to be made, of, in or out of lands, tenements or hereditaments so purchased or to be purchased : (2) which said gifts, grants, charges, estates, uses and eonvcj-ances / Digitized by Microsoft® 50 IMPORTANT ENGLISH STATUTES. were, or hereafter shall be, meant and intended by the parties that so make the same to be fraudulent and covinous, of purpose and intent to deceive such as have purchased or shall purchase the same ; (3) or else by the secret intent of the parties the same be to their own proper use, and at their free disposition, (4) coloured nevertheless by a fained countenance and show of words and sentences, as though the same were made bond fide, for good causes, and upon just and lawful considerations : II. For remedj' of which Inconveniences, and for the avoiding of such fraudulent, fained and covinous conveyances, gifts, grants, charges, uses and estates, and for the maintenance of upright and just dealing in the purchasing of lands, tenements and hereditaments ; (2) be it ordained and enacted by the authorit}' of this present parliament. That aU and ever}' conveyance, grant, charge, le9,se, estate, incumbrance . and limitation of use or uses, of, in or out of anj^ lands, tenements or other hereditaments whatsoever, had or made anj' time heretofore sith- ence the beginning of the Queen's majest3''s reign that now is, or at any time hereafter to be had or made, for the intent and of purpose to defraud and deceive such person or persons, bodies politick or corpo- rate, as have purchased or shall afterwards purchase in fee-simple, fee-tail, for life, lives or years, the same lands, tenements and heredi- taments, or any part or parcel thereof, so formerly conveyed, granted, leased, charged, incumbred or limited in use, (3) or to defraud and deceive such as have or shall purchase any rent, profit or commodity in or out of the same, or anj- part thereof, (4) shall be deemed and taken onlj' as against that person and persons, bodies politick and cor- porate, his and their heirs, successors, executors, administrators and assigns, and against all and every other person and persons lawfully having or claming by, from or under them, or any of them, which have purchased or shall hereafter so purchase for money or other good consideration, the same lands, tenements or hereditaments, or any part or parcel thereof, or axij rent, profit or commodity in or out of the same, to be utterly void, frustrate and of none effect ; (5) any pretence, colour, fained consideration, or expressing of any use or uses to the contrary notwithstanding. III. And be it further enacted by the authority aforesaid, That all and every the parties to such fained, covinous and fraudulent gifts, grants, leases, charges or conveyances before expressed, or being privy and knowing of the same or any of them, which after the twen- tieth day of April next coming shall wittingly and willingly put in ure. Digitized by Microsoft® A.D. 1585. 5;[ avow, maintain, justify or defend the same or any of them, as true, simple, and done, had or made, bond fide, or upon good consideration, to the disturbance or hindrance of the said purchaser or purchasers, lessees or grantees, or of or to the disturbance or hindrance of their heirs, successors, executors, administrators or assigns, or such as have or shall lawfullj' claim anj'thing by, from or under them, or any of them shall incur the penalty and forfeiture of one year's value of the said lands, tenements and hereditaments so purchased or charged ; (2) the one moietj' whereof to be to the Queen's majesty, her heirs and successors, and the other moiety to the party or parties grieved by such fained and fraudulent gift, grant, lease, conveyance, incum- brance or limitation of use, to be recovered in anj' of the Queen's courts of record, by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be admitted for the defend- ant or defendants ; (3) and also being thereof lawfully convicted, shall suffer imprisonment for one half j'ear without bail or mainprize. IV. Provided also, and be it enacted by the authoritj^ aforesaid. That this act or anj-thing therein contained shall not extend or be construed to impeach, defeat, make void or frustrate any conveyance, assignment of lease, assurance, grant, charge, lease, estate, interest or limitation of use or uses, of, in, to or out of any lands, tenements or hereditaments heretofore at anj- time had or made, or hereafter to be had or made, upon or for good consideration and bond fide, to any person or persons, bodies politick or corporate ; anything before-men- tioned to the contrar3' hereof notwithstanding. V. And be it further enacted by the authority aforesaid. That if anj' person or persons have heretofore sithence the beginning of the Queen's majesty's reign that now is, made or hereafter shaU make any convej-ance, gift, grant, demise, charge, limitation of use or uses, or assurance of, in or out of anj' lands, tenements or hereditaments, with anj' clause, provision, article or condition of revocation, determination or alteration, at his or their will or pleasure, of such conveyance, assurance, grants, limitations of uses or estates of, in or out of the said lands, teneipents or hereditaments, or of, in or out of any part or parcel of them, contained or mentioned in anj- writing, deed or indenture of such assurance, convej^ance, grant or gift ; (2) and after such conversance, grant, gift, demise, charge, limitation of uses or assurance so made or had, shall or do bargain, sell, demise, grant, convej' or charge, the same lands, tenements or hereditaments, or any part or parcel thereof, to any person or persons, bodies politick Digitized by Microsoft® 52 IMPORTANT ENGLISH STATUTES. and corporate, for money or other good consideration paid or' given (the said first conveyance, assurance, gift, grant, demise, charge or limitation, not by him or them revoked, made void or altered, accord- ing to the power and authority reserved or expressed unto him or them in and by the said secret convej'ance, assurance, gift or grant,) (3) That then the said former convej'ance, assurance, gift, demise and grant, as touching the said lands, tenements and hereditaments, so after bargained, sold, convej'ed, demised or charged, against the said bargainees, vendees, lessees, grantees and every of them, their heirs, successors, executors, administrators and assigns, and against all and every person and persons which have, shall or may lawfully claim anything, by, from or under them or any of them, shall be deemed, taken and adjudged to be void, frustrate, and of none effect, by virtue and force of this present act. VI. Provided nevertheless. That no lawful mortgage made or to be made bond fide, and without fraud or covin, upon good considera- tion, shall be impeached or impaired by force of this act, but shall stand in the like force and effect as the same should have done if this act had never been had nor made ; anything in this act to the contrary in any wise notwithstanding. Cap. 5. An act for furtherance of justice, in case of demurrer and pleadings. Forasmuch as excessive charges and expenses, and great dela}' and hindrance of justice hath grown in actions and suits between the subjects of this realm, by reason that upon some small mistaking or want of form in pleading, judgments are often reversed bj^ writs of error, and oftentimes upon demurrers in law given otherwise than the matter in law and very right of the cause doth require, whereby the parties are constrained either utterly to lose their right, or else after long time and great trouble and expenses, to renew again their suits : (2) for remedy whereof, be it enacted by the Queen's most excellent majestj', the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authoritj' of the same. That from henceforth, after demurrer joined and entred in anj' action or suit in anj- court of record within this realm, the judges shall proceed and give judgment according as the very right of the cause and matter in law shall appear unto them, without regarding anj' imper- fection, defect or want of form in any writ, return, plaint, declaration Digitized by Microsoft® A.D. 1601. 53 or other pleading, ^process or course of proceeding whatsoever, except those only which the party demurring shall specially and particularly set down and express together with his demurrer ; (3) and that no judgment to be given shall be reversed by any wi'it of error, for any such imperfection, defect or want of form as is aforesaid, except such only as is before excepted. 43 ELIZ. Cap. 2. § 7.* [A.D. 1601.] An act for the relief of the poor. VII. And be it further enacted. That the father and grandfather, and the mother and grandmother, and the children of every poor, old, blind, lame and impotent person, or other poor person not able to work, being of a sufficient ability, shall, at their own charges, relieve and maintain every such poor person in that manner, and according to that rate, as by the justices of peace of that county where such suffi- cient persons dwell, or the greater number of them, at their general quarter-sessions shall be assessed; (2) upon pain that everyone of them shall forfeit twenty shillings for every month which they shall fail therein. Cap. 6.t An act to avoid trifling and frivolous suits. 11. And be it further enacted by the authority aforesaid. If upon any action personal to be brought in any her Majesty's courts at Westminster, not being for any title or interest of lands, nor concern- ing the freehold or inheritance of any lands, nor for any battery, it shall appear to the judges for the same court, and so signified or set down by the justices before whom the same shall be tried, that the debt or damages to be recovered therein in the same court, shall not amount to the sum of forty shillings or above, That in every such case the judges and justices before whom any such action shall be pursued, shall not award for costs to the party plaintifi' any greater or more costs than the sum of the debt or damages so recovered shall amount unto, but less at their discretions. * [See 31 & 33 Vict. c. 122, §§ 36, 37.] Poor Relief Act : § 36. Justices to make Order of Maintenance; § 37. Parents neglecting their CUldren liable to Punishment, t S Car. I. c, 4, § 22 (7) ; 16 Car. I. c. i. Digitized by Microsoft® 54 IMPORTANT ENGLISH STATUTES. Cap. 8. Forasmuch as it is often put in ure, to the defrauding of creditors, that such persons as are to have the administration of the goods of others d3'ing intestate committed unto them, if they require it, will not accept the same, but suffer or procure the administration to be granted to some stranger of mean estate, and not of kin to the intestate, from whom themselves or others by their means do take deeds of gifts and authorities by letter of attornej', whereby they obtain the state of the intestate into their hands, and yet stand not subject to pay any debts owing by the same intestate, and so the creditors for lack of knowledge of the place of habitation of the administrator, cannot arrest him nor sue him ; and if they fortune to find him out, j-et for lack of ability in him to satisfy of his own goods, the value that he hath conveyed away of the intestates goods, or released of his debts by way of wasting, the creditors cannot have or recover their just and due debts : II. Be it enacted by the authority of this present parliament, That every person and persons that hereafter shall obtain, receive and have any goods or debts of any person dying intestate, or a release or other discharge of anj- debt or duty that belonged to the intestate, upon any fraud, as is aforesaid, or without such valuable consideration as shall amount to the value of the same goods or debts, or near thereabouts, (except it be in or towards satisfaction of some just and principal debt of the value of the same goods or debts to him owing by the intestate at the time of his decease) shall be charged and chargeable as executor of his own wrong ; (2) and so far only as all such goods and debts coming to his hands, or whereof he is released or discharged by such administrator, will satisfy, deducting nevertheless to and for himself allowance of all just, due and principal debts upon good considera- tion, without fraud, owing to him by the intestate at the time of his decease, and of all other payments made by him, which lawful execu- tors or administrators may and ought to have and pay by the laws and statutes of this realm. 21 JAC. I. Cap. 16. [A.D. 1623.] An act for limitation of actions, and for avoiding of suits in law. For quieting of mens estates, and avoiding of suits, be it enacted by the King's most excellent majesty, the lords spiritual and temporal, and commons, in this present parliament assembled. That all writs of Digitized by Microsoft® A.D. 1623. 55 formedon in descender, formedon in remainder, and formedon in reverter, at any time hereafter to be sued or bought, of or for any manors, lands, tenements or hereditaments, whereunto any person or persons now hath or have any title, or cause to have or pursue any such writ, shall be sued and taken within twenty j^ears next after the end of this present session of parliament : and after the said twenty years expired, no such person or persons, or any of their heirs, shall have or maintain auj' such writ, of or for &ny of the said manors, lands, tenements or hereditaments ; (2) and that all writs oi formedon in descender, formedon in remainder, and formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause hereafter happening, shall be sued and taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years ; (3) and that no person or persons that now hath any right or title of entrj' into any manors, lands, tenements or hereditaments now held from him or them, shall thereinto enter, but within twentj' years next after the end of this present session of parliament, or within twentj- years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall hereafter first descend or accrue to the same ; and in default thereof, such persons so not entring, and their heirs, shall be utterly excluded and disabled from such entry after to be made ; any former law or statute to the contrarj' notwithstanding. II. Provided nevertheless. That if any person or persons, that is or shall be entitled to such writ or writs, or that hath or shall have such right or title of entry, be or shall be at the time of the said right or title first descended, accrued, come or fallen, within the age of one and twenty years, feme covert, non compos mentis, imprisoned or beyond the seas, that then such person or persons, and his and their heir and heirs, shall or may, notwithstanding the said twenty years be expired, bring his action, or make his entry, as he might have done before this act; (2) so as such person and persons, or his or their heir and heirs, shall within ten years next after his and their full age, disco verture, coming of sound mind, enlargement out of prison, or coming into this realm, or death, take benefit of and sue forth the same, and at no time after the said ten years. in. And be it further enacted, That all actions of trespass quare Digitized by Microsoft® 56 IMPORTANT ENGLISH STATUTES. clausum fi-egit, all actions of trespass, detinue, action sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant, their factors or ser- vants, all actions of debt grounded upon any lending or contract with- out specialty ; all actions of debt for arrearages of rent, and all actions of assault, menace, battery, wounding and imprisonment, or any of them which shall be sued or brought at an}' time after the end of this present session of parliament, shall be commenced and sued within the time and limitation hereafter expressed, and not after (that is to say) (2) the said actions upon the case (other than for slander) and the said actions for account, and the said actions for trespass, debt, detinue and replevin for goods or cattle, and the said action of tres- pass quare clausum /regit, within three years next after the end of this present session of parliament, or within six years next after the cause of such actions or suit, and not after ; (3) and the said actions of tres- pass, of assault, batterj', wounding, imprisonment or any of them, within one year next after the end of this present session of parlia- ment, or within four years next after the cause of such actions or suit, and not after ; (4) and the said actions upon the case for words, within one j-ear after the end of this present session of parliament, or within two years next after the words spoken, and not after. IV. And nevertheless be it enacted. That if in any the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alledged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ or bill ; or if any the said actions shall be brought by original, and the defendant therein be outlawed, and shall after reverse the outlawry ; that in all such cases the party plain- tiff, his heirs, executors or administrators, as the case shall require, may commence a new action or suit, from time to time, within a j^ear after such judgment reversed, or such judgment given against the plaintiff, or outlawrj' reversed, and not after. V. And be it further enacted. That in all actions of trespass quare clausum /regit, hereafter to be brought, wherein the defendant or de- fendants shall disclaim in his or their plea, to make any title or claim to the land in which the trespass is by the declaration supposed to be done, and the trespass be by negligence or involuntar}', the defendant or defendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of suf- Digitized by Microsoft® A.D. 1660. 57 ficient amends for such trespass before the action brought, whereupon or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue ; (2) and if the said issue be found for the defendant or defend- ants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or plaintiffs shall be clearlj^ barred from the said action or actions, and all other suit concerning the same. VI. And be it farther enacted by the authority aforesaid. That in all actions upon the case for slanderous words, to be sued or prosecuted by any person or persons in any the courts of record at Westminster, or in any courts whatsoever that hath power to hold plea of the same, after the end of this present session of parliament, if the jury upon the trial of the issue in such action, or the jury that shall enquire of the damages, do find or assess the damages under 40 s., then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed amount unto, without any further increase of the same ; any law, statute, custom or usage to the con- trary in any wise notwithstanding. VII. Provided nevertheless, and be it further enacted, That if any person or persons that is or shall be entituled to any such action of trespass, detinue, action sur trover, replevin, actions of accounts, actions of debts, actions of trespass for assault, menace, battery, wounding or imprisonment, actions upon the case for words, be or shall be at the time of any such cause of action given or accrued, fallen or come, within the age of twenty -one j^ears, feme covert, non compos mentis, imprisoned or beyond the seas ; that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of fuU age, discovert, of sane memor}', at large, and returned from beyond the seas, as other persons having no such impediment should have done.* 12 CAR. II. Cap. 24. [A.D. 1660.] An act for talcing away the court of wards and liveries, and tenures in capite, ayid by knigJits-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof. Whereas it has been found by former experience, That the courts of wards and liveries, and tenures by knights-service, either of the • 20 H. III. c. 8 ; 3 Ed. I. c. 39 ; 32 H. VIII. c. 2 ; 1 Ma. I. Sess. 2, c. 5. Digitized by Microsoft® 58 IMPORTANT ENGLISH STATUTES. King or others, or bj- knights-service in capite, or socage in capite of the King, and the consequents upon the same, have been much more burdensome, grievous and prejudicial to the kingdom, than they have been beneficial to the King : (2) And whereas since the intermission of the said court, which hath been from the four and twentieth daj' of February which was in the j'ear of our Lord one thousand six hundred forty and five, many persons have by will and otherwise made disposal of their lands held b}' knights-service, whereupon divers questions might possibly arise, unless some seasonable remedy be taken to pre- vent the same ; (3) be it therefore enacted bj'' the King our sovereign lord, with the assent of the lords and commons in parliament assem- bled, and bj' the authority of the same, and it is herebj' enacted. That the court of wards and liveries, and all wardships, liveries, primer- seisins, and ousterlemains, values and forfeitures of marriages, by reason of an}' tenure of the King's Majesty, or of any other by knights- service, and all mean rates, and all other gifts, grants, charges incident or arising, for or by reason of wardships, liveries, primer-seisins, or ousterlemains be taken awaj' and discharged, and are hereby enacted to be taken away and discharged, from the said twenty-fourth day of February one thousand six hundred forty-five ; an}' law, statute, custom or usage to the contrary hereof in any wise notwithstanding : (4) And that all fines for alienations, seizures and pardons for alienations, tenure by homage, and all charges incident or arising, for or by reason of wardship, livery, primer-seisin, or ousterlemain, or tenure by knights-service, escuage, and also, aid pur file marrier, and pur fair fitz chivalier, all other charges incident thereunto, be likewise taken away and discharged, from the said twenty-fourth day of February one thousand six hundred fortj- and five ; an}' law, statute, custom or usage to the contrary hereof in any wise notwithstanding : (5) And that all tenures by knights-service of the King, or of any other person, and by knights-service in capite, and by socage in capite of the King, and the fruits and consequents thereof, happened or which shall or may hereafter happen or arise thereupon or thereby, be taken away and discharged, any law, statute, custom or usage to the contrary hereof in an}'wise notwithstanding ; (6) and aU tenures of any hon- ours, manors, lands, tenements or hereditaments, or any estate of any inheritance at the common law, held either of the King, or of any other person or persons, bodies politick or corporate are hereby enacted to be turned into free and common socage, to all intents and purposes, from the said twenty-fourth day of February one tlibusand Digitized by Microsoft® A.D. 1660. 59 six hundred forty-five, and shall be so construed, adjudged and deemed to be from the said twenty-fourth day of February one thousand six hundred forty-five, and forever thereafter turned into free and common socage ; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding. II. And that the same shall forever hereafter stand and be dis- charged of all tenure by homage, escuage, voyages royal and charges for the same, wardships incident to tenure by knights-service, and values and forfeitures of marriage, and all other charges incident to tenure by knights-service, and of and from aide pur JUe marrier and aide pur fair fitz chivalier ; any law, statute, usage or custom to the contrary in any wise notwithstanding : (2) And that all conveyances and devises of any manors, lands, tenements and hereditaments made since the said twenty-fourth da}' of February, shall be expounded to be of such effect, as if the same manors, lands, tenements and heredi- taments had been then held and continued to be holden in free and common socage only ; anj' law, statute, custom or usage to the con- trary hereof in any wise notwithstanding. III. And be it further ordained and enacted hy the authoritj' of this present parliament, That one act made in the reign of King Henry the Eighth, intituled. An act for the establishment of the court of the King's wards ; and also one act of parliament made in the thirty-third 5'^ear of the reign of the said King Henry the Eighth, concerning the officers of the court of wards and liveries, and every clause, article and matter in the said acts contained, shall from hence- forth be repealed and utterly void. rV. And be it further enacted by the authoritj^ aforesaid. That all tenures hereafter to be created by the King's majesty, his heirs or suc- cessors, upon any gifts or grants of any manors, lands, tenements or hereditaments, of any estate of inheritance at the common law, shall be in free and common socage, and shall be adjudged to be in free and common socage only, and not by knights-service or in capite, and shall be discharged of all wardship, value and forfeiture of mar- riage, livery, primer-seisin, ousterlemain, aide pur faier fitz chivalier, and pur file marrier ; any law, statute or reservation to the contrary thereof in an}'^ wise notwithstanding. V. Provided nevertheless, and be it enacted. That this act, or any thing herein contained, shall not take away, nor be construed to take away, any rents certain, heriots or suits of court belonging or inci- dent to any former tenure now taken away or altered by virtue of this Digitized by Microsoft® 60 IMPORTANT ENGLISH STATUTES. act, or other services incident or belonging to tenure in common socage, due or to grow due to the King's majestj-, or mean lords, or other private person, or the fealtj' and distresses incident thereunto ; (2) and that such relief shall be paid in respect of such rents as is paid in case of a death of a tenant in common socage. VI. Provided always, and be it enacted, That anj' thing herein contained shall not take away, nor be construed to take awa}', any fines for alienation due by particular customs of particular manors and places, other than fines for alienations of lands or tenements holden immediately of the King in capite. VII. Provided also, and be it further enacted, That this act, or anything therein contained, shall not take away nor be construed to take awajr, tenures in Frank Almoign, or to subject them to any greater or other services than thej' now are ; (2) nor to alter or change any tenure bj' copj^ of court roll, or any services incident thereunto ; (3) nor to take away the honorarj' services of grand-sergeantry, other than of wardship, marriage and value of forfeiture of marriage, escu- age, voyages royal and other charges incident to tenure by knights- service ; and other than aide pur faier fitz chivalier and aide pur file marrier. VIII. And be it further enacted bj- the authority aforesaid. That where anj' person hath or shall have any child or children under the age of one and twentj' years, and not married at the time of his death, That it shall and maj' be lawful to and for the father of such child or children, whether born at the time of the decease of the father, or at that time in ventre sa mere, or whether such father be within the age of one and twenty years, or of full age, by his deed executed in his life-time, or by his last will and testament in writing, in the presence of two or more credible witnesses, in such manner, and from time to time as he shall respectively think fit, to dispose of the custody and tuition of such child or children, for and during such time as he or they shall respectively remain under the age of one and twenty j'ears, or any lesser time, to anj' person or persons in possession or remain- der, other than popish recusants ; (2) and that such disposition of the custodj'" of such child or children made since the twenty-fourth of February one thousand six hundred fortj'-five, or hereafter to be made, shall be good and eflfectual against all and every person or persons claiming the custody or tuition of such child or children as guardian in socage or otherwise : (3) And that such person or per- sons, to whom the custody of such child or children hath been or Digitized by Microsoft® A.D. 1670. 61 shall be so disposed or devised as aforesaid, shall and may maintain an action of ravishment of ward or trespass, against anj' person or persons which shall wrongfully take away or detain such child or children, for the recovery of such child or children ; (4) and shall and may recover damages for the same in the said action, for the use and benefit of such child or children. IX. And be it further enacted. That such person or persons, to whom the custody of such child or children hath been or shall be so disposed or devised, shall and may take into his or their custodj'' to the use of such child or children, the profits of all lands, tenements and hereditaments of such child or children ; and also the custodj^ tuition and management of the goods, chattels and personal estate of such child or children, till their respective age of one and twentj^ years, or anj' lesser time, according to such disposition aforesaid ; (2) and may bring such action or actions in relation thereunto, as by law a guardian in common socage might do. X. Provided also, That this act or anything therein contained, shall not *xtend to alter or prejudice the custom of the city of London, nor of anj' other city or town corporate, or of the town of Berwick upon Tweed, concerning orphans ; nor to discharge any apprentice from his apprenticeship. XI. Provided also. That neither this act, nor anything therein contained, shall infringe or hurt any title of honour, feodal or other, by which anj' person hath or may have right to sit in the lords house of parliament, as to his or their title of honour, or sitting in parlia- ment, and the privilege belonging to them as peers ; this act, or any- thing therein contained to the contrarj' in any wise notwithstanding. 22-23 CAR. II. Cap. 9. [A.D. 1670.] An act for laying impositions on proceedings at law. And for prevention of trivial and vexatious suits in law, whereby many good subjects of this realm have been and are daily undone, contrary to the intention of an act made in the three and fortieth j^ear of Queen Elizabeth, for avoiding of infinite numbers of small and trifling suits commenced in the courts at Westminster ; (2) be it further enacted, for making the said law effectual. That from and after the first of May aforesaid [1680] in all actions of trespass, assault and batterj', other personal actions, wherein the judge at the trial of the cause Digitized by Microsoft® 62 IMPORTANT ENGLISH STATUTES. shall not find and certify under his hand upon the back of the record, that an assault and battery was sufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land men- tioned in the plaintiff's declaration was chiefly in question, the plaintiff in such action, in case the jury shall find the damages to be under the value of forty shillings, shall not recover or obtain more costs of suit than the damages so found shall amount unto : (3) and if any more costs in any such action shall be awarded, the judgment shall be void, and the defendant is hereby acquitted of and from the same, and may have his action against the plaintiff for such vexatious suit, and re- cover his damages and costs of such his suit in anj' of the said courts of record. Cap. 10. An act for the better settling of intestates estates. Be it enacted by the King's most excellent majestj', with the advice and consent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by the authority' of«the same. That all ordinaries, as well the judges of the prerogative courts of Canterbury and York for the time being, as all other ordinaries and ecclesiastical judges, and every of them, having power to commit ad- ministration of the goods of persons djing intestate, shall and may upon their respective granting and committing of administration of the goods of persons dying intestate, after the first day of June one thousand six hundred seventj' and one, of the respective person or persons to whom anj' administration is to be committed, take sufficient bonds with two or more able sureties, respect being had to the value of the estate, in the name of the ordinary, with the condition in form and manner following, mutatis mutandis, viz., 11. The condition of this obligation is such. That if the within bounden A. B. administrator of all and singular the goods, chattels and credits of C. D. deceased, do make or cause to be made, a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said A. B. or into the hands and possession of any other person or persons for him, and the same so made do exhibit or cause to be exhibited into the registry of court, at or before the day of next ensuing ; (2) and the same goods, chattels and credits, and all other the goods, chattels and credits of the said deceased at the time of his death. Digitized by Microsoft® A.D. 1670. 63 which at anj' time after shall come to the hands or possession of the said A. B. or into the hands and possession of any other person or persons for him, do well and truly administer according to law ; (3) and further do make or cause to be made, a true and just account of his said administration, at or before the daj^ of And all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the said administrator's account, the same being first examined and allowed of bj- the judge or judges for the time being of the said court, shall deliver and pay unto such person or persons respectively, as the said judge or judges hy his or their de- cree or sentence, pursuant to the true intent and meaning of this act, shall limit and appoint. (4) And if it shall hereafter appear. That anj- last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said A. B. within-bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament be- ing first had and made) in the said court; then this obligation to be void and of none effect, or else to remain in full force and wtue. III. Which bonds are hereby declared and enacted to be good to all intents and purposes, and pleadable in any courts of justice : (2) 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 djing intestate ; (3) 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 childrens 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 suo cuique 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 Majesty's ecclesiastical laws : (4) saving to every one, supposing him or themselves agrieved, right of appeal as was always in such cases used. IV. Provided, That this act, or anything herein contained, shall not anywaj^s prejudice or hinder the customs observed within the city of London or within the province of York or other places, having known and received customs peculiar to them, but that the same Digitized by Microsoft® 64 IMPORTANT ENGLISH STATUTES. customs may be observed as formerly ; anything herein contained to the contrary notwithstanding. V. Provided always, and be it enacted by the authority aforesaid, That all ordinaries and every other person who by this act is ena- bled to make distribution of the surplusage of the estate of anj' person dying intestate, shall distribute the whole surplusage of such estate or estates in manner and form following ; that is to say, (2) one third part of the said surplusage to the wife of the intestate, and all the residue by equal portions, to and amongst the children of such persons d\-ing intestate, and such persons as legallj' represent such children, in case any of the said children be then dead, other than such child or children (not being heir at law) who shall have any estate by the settlement of the intestate, or sliall be advanced hy the intestate in his life-time, bj- portion or portions equal to the share which shah by such distribution be allotted to the other children to whom such distribution is to be made : (3) and in case anj' child, other than the heir at law, who shall have any estate by settlement from the said intestate, or shall be advanced by the said intestate in his life-time by portion not equal to the share which will be due to the other children bj' such distribution as aforesaid ; then so much of the surplusage of the estate of such intestate, to be distributed to such child or children as shall have anj' land b}' settlement from the intestate, or were advanced in the life-time of the intestate, as shall make the estate of all the said children to be equal as near as can be estimated : (4) but the heir at law, notwithstanding anj^ land that he shall have by descent or other- wise from the intestate, is to have an equal part in the distribution with the rest of the children, without anj' consideration of the value of the land which he hath by descent, or otherwise from the intestate. VI. And in case there be no children nor any legal representatives of them, then one moietj- of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, That there be no representations admitted among collaterals after brothers and sisters children : (2) and in case there be no wife, then all the said estate to be distributed equally to and amongst the children : (3) and in case there be no child, then to the next of kindred in equal degree of or unto the intestate, and their legal representatives as aforesaid, and in no other manner whatsoever. VIII. Provided also, and be it likewise enacted b}- the authority Digitized by Microsoft® A.D. 1676, 65 aforesaid, To the end that a due regard be had to creditors, that no such distribution of the goods of anj' person dying intestate be made till after one year be fully expired after the intestate's death ; (2) 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 anjr debt or debts truly owing to the intestate shall be afterwards sued for and recovered, or otherwise dulj- made to appear ; that then and in everj' such case he or she shall respectively refund and paj^ back to the administrator his or her rateable part of that debt or debts, and of the costs of suit and charges of the administrator by reason of such debt, out of the part and share so as aforesaid allotted to him or her, thereby to enable the said administrator to pay and satisfj' the said debt or debts so discovered after the distribution made as aforesaid. IX. Provided always, and be it enacted by the authority aforesaid. That in all cases where the ordinary hath used heretofore to grant ad- ministration cum testamento annexo, he shall continue so to do, and the will of the deceased in such testament expressed shall be performed and observed in such manner as it should have been if this act had never been made. 29 CAR. II. Cap. 3. [A.D. 1676.] An act for prevention of fraxids and perjuries. For prevention of manj' fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury ; (2) be it enacted by the King's most excellent Majestj', by and with the advice and consent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and bj- the authority of the same. That from and after the four and twentieth daj^ of June, which shall be in the year of our Lord one thousand six hundred sev- enty and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments, made or created bj^ livery and seisin only, or by parol, and not put in writing, and signed bj- the parties so making or creating the same, or their agents thereunto law- fullj' authorized by writing, shall have the force and effect of leases or estates at wiU. only, and shall not either in law or equity be deemed or taken to have anj' other or greater force or effect ; any considera- tion for making any such parol leases or estates, or anj' former law or usage, to the contrary notwithstanding. Digitized by Microsoft® 66 IMPORTANT ENGLISH STATUTES. II. Except nevertlieless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised. III. And moreover. That no leases, estates or interests, either of freehold, or terms of j^ears, or any uncertain interest, not being copy- hold or customary interest, of, in, to or out of anj- messuages, manors, lands, tenements or hereditaments, shall at any time after the said four and twentieth daj' of June be assigned, granted or surrendred, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendring the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law. IV. And be it further enacted bj' the authority aforesaid, That from and after the said four and twentieth day of Junejno action shall be brought whereby to charge an}' executor or administrator upon any special promise, to answer damages out of his own estate ; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person ; (3) or to charge any person upon a,nj agreement made upon consideration of marriage ; (4) or upon any contract or sale of lands, tenements or hereditaments, or an}' interest in or- concerning them; (5) or upon any agreement that is not to be performed within the space of one year from the making thereof; (6) unless the agreement upon which such action shall be brought, or some ytiemorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfullj'' authorized. V. And be it further enacted by the authority aforesaid. That from and after the said four and twentieth day of June all devises and be- quests of any lands or tenements, devisable either by force of the statute of wills, or by this statute, or by force of the custom of Kent, or the custom of aiiy borough, or smj other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor bj- three or four credible witnesses, or else thej' shall be utterly void and of none effect. VI. And moreover, no devise in writing of lands, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth clay of June be revocable, otherwise than b}- some other wUl or codicil in writing, or other writing declaring the same, or Digitized by Microsoft® A.D. 1676. 67 by burning, cancelling, tearing or obliterating the same by the testa- tor himself, or in his presence and by his directions and consent ; (2) but all devises and bequests of lands and tenements shall remain and continue in force, until the same be burnt, cancelled, torn or obliterated by the testator, or his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, de- claring the same ; any former law or usage to the contrary notwith- standing. VII. And be it further enacted by the authoritj' aforesaid, That from and after the said four and twentieth day of June all declarations or creations of trusts or confidences of any lands, tenements or here- ditaments, shall be manifested and proved hj some writing signed by the party who is bj^ law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect. VIII. Provided alwaj's. That where any conve3-ance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be trans- ferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made ; any thing herein before contained to the contrary notwithstanding. IX. And be it further enacted. That all grants and assignments of any trust or confidence shall likewise be in writing, signed by the party granting or assigning the same, or bj- such last will or devise, or else shall likewise be utterlj' void and of none effect. X. And be it farther enacted by the authority aforesaid, That from and after the said four and twentieth da}' of June it shall and may be lawful for every sheriff or other officer to whom any writ or precept is or shall be directed, at the suit of anj' person or persons, of, for and upon anj' judgment, statute or recognizance hereafter to be made or had, to do, make and deliver execution unto the party in that behalf suing, of all such lands, tenements, rectories, tithes, rents and here- ditaments, as any other person or persons be in any manner of wise seised or possessed, or hereafter shall be seised or possessed, in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution hereafter shall be so sued, had been seised of such lands, tenements, rectories, tithes, rents or other hereditaments of such estate as thej^ be seised of in trust for him at the time of the said exe- Digitized by Microsoft® 68 IMPORTANT ENGLISH STATUTES. cution sued ; (2) which lands, tenements, rectories, tithes, rents and other hereditaments, by force and virtue of such execution, shall ac- cordingly be held and enjoj'cd freed and discharged from aU incum- brances of such person or persons as shall be so seised or possessed in trust for the person against whom such execution shall be sued ; (3) and if anj' cestuy que trust hereafter shall die, leaving a trust in fee-simple to descend to his heir, there and in eveiy such case such trust shall be deemed and taken, and is hereby declared to be, assets by descent, and the heir shall be liable to and chargeable with the obli- gation of his ancestors for and 'by reason of such assets, as fully and amplj' as he might or ought to have been, if the estate in law had de- scended to him in possession in like manner as the trust descended ; any law, custom or usage to the contrary in an}- wise notwithstanding. XI. Provided always, That no heir that shall become chargeable by reason of any estate or trust made assets in his hands 'by this law, shall by reason of any kind of plea or confession of the action, or suf- fering judgment by nient dedir'e, or an^- other matter, be chargeable to pay the condemnation out of his own' estate ; (2) but execution shall be sued of the whole estate so made assets in his hands b}' descent, in whose hands soever it shall come after the writ purchased, in the same manner as it is to be at and by the common law, where the heir at law pleading a true plea, judgment is prayed against him thereupon ; any thing in this present act contained to the contrarj^ notwithstanding.' XII. And for the amendment of the law in the particulars follow- ing ; (2) be it further enacted by the authoritj' aforesaid. That from henceforth anji- estate par auter vie shall be devisable by a will in writing, signed by the part}* so devising the same, or by some other person in his presence and by his express directions, attested and sub- scribed in the presence of the devisor bj' three or more witnesses ; (3) and if no such devise thereof be made, the same shall be charge- able in the hands of the heir, if it shall come to him L}- reason of a special occupancj' as assets by descent, as in case of lands in fee sim- ple ; (4) and in case there be no special occupant thereof, it shall go to the executors or administrators of the party that had the estate thereof bjr virtue of the grant, and shall be assets in their hands. XVII. And be it further enacted bj^ the authority aforesaid. That (^from and after the said four and twentieth day of Junejno contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the Digitized by Microsoft® A.D. 1676. 69 same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such con- tract, or their agents thereunto lawfully authorized. XIX. And for preventien of fraudulent practices in setting up nuncupative wills, which have been the occasion of much perjurj' ; (2) be it enacted by the authority aforesaid. That from and after the afore- said four and twentieth day of June no nuncupative will shall be good, where the estate thereby bequeathed shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses (at the least) that were present at the making thereof ; (3) nor unless it be proved that the testator at the time of pronouncing the same, did bid the persons present, or some of them, bear witness, that such was his will, or to that effect ; (4) nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or her habitation or dwelling, or where he or she hath been resident for the space of ten daj-s or more next before the making of such wUl, except where such person was surprized or taken sick, being from his own home, and died before he returned to the place of his or her dwelling. XX. And be it further enacted. That after six months passed after the speaking of the pretended testamentary words, no testimonj' shall be received to prove any will nuncupative, except the said testimony, or the substance thereof, were committed to writing within six days after the' making of the said will. XXI. And be it further enacted. That no letters testamentary or probate of a.nj nuncupative will shall pass the seal of any court, till fourteen days at the least after the decease of the testator be fuUy expired ; (2) nor shall any nuncupative will be at anj^ time received to be proved, unless process have first issued to call in the widow, or next of kindred to the deceased, to the end thej' may contest the same, if they please. XXII. And be it further enacted, That no will in writing concern- ing any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise or bequest therein, be altered or changed by &\\y words, or will by word of mouth only, except the same be in the life of the testator committed to writing, aiid after the writing thereof read unto the testator, and allowed by hun, and proved to be so done by three witnesses at the least. XXIII. Provided always, That notwithstanding this act, any sol- Digitized by Microsoft® 70 IMPORTANT ENGLISH STATUTES. dier being in actual military service, or an}' mariner or seaman being at sea, may dispose of his moveables, wages and personal estate, as he or they might have done before the making of this act. XXrV. And it is hereby declared. That nothing in this act shall extend to alter or change the jurisdiction or right of probate of wills concerning personal estates, but that the prerogative court of the arch- bishop of Canterbury, and other ecclesiastical courts, and other courts having right to the probate of such wills, shall retain the same right and power as they had before, in every respect ; subject nevertheless to the rules and directions of this act. XXV. And for the explaining one act of this present parliament, intituled. An act for the tetter settling of intestates estates ; (2) be it declared by the authorit}' aforesaid. That neither the said act, nor any thing therein contained, shall be construed to extend to the estates of feme coverts that shall die intestate, but that their husbands may de- mand and have administration of their rights, credits, and other per- sonal estates, and recover and enjoj' the same, as they might have done before the making of the said act.* 30 CAR. II. Cap. 7. [A.D. 1677.] An act to enable creditors to recover their debts of the executors and administrators of executors in their own wrong. WTiereas the executors and administrators of such persons who have possessed themselves of considerable personal estates of other dead persons, and converted the same to their own use, have no remedy by the rules of the common law, as it now stands, to pay the debts of those persons whose estate hath been so converted bj' their testator or intestate, which hath been found very mischievous, and many creditors defeated of their just debts, although their debtors left behind them sufficient to satisfy the same, with a great overplus : II. For remedy whereof, be it enacted by the King's most excel- lent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority thereof. That all and every the executors and administrators of any person or persons, who as executor or execu- tors in his or their own wrong, or administrators, shall from and after the first day of August next ensuing waste or convert any goods, chat- tels, estate or assets of any person deceased, to their own use, shall be * Made perpetual by 1 Jac. II. c. 17, § 5. Digitized by Microsoft® A.D. 1677-1685. 71 liable and chargeable in the same manner as their testator or intestate would have been if thej' had been living. (2) This act to continue in force for three years, and from thence to the end of the next session of parliament, and no longer.* 1 JAC. II. Cap. 17. [A.D. 1685.] A71 act for reviving and continuing several acts therein mentioned. V. And be it enacted by the authority aforesaid, That one other act made in the seventeenth j-ear of his said late Majesty's reign, intituled. An act for avoiding unnecessary suits and delays, and also one other act made in the two and twentieth and three and twentieth years of his late Majestj^'s reign, intituled. An act for the better settling intestates estates, (which said latter act is explained by a clause in one other act made in the nine and twentieth j'ear of his said late Majes- ty's reign, intituled. An a^^t for prevention of frauds and perjuries) both which said acts, with the said clause, are continued by one other act made in the thirtieth j^ear of his said late Majesty's reign, intituled, A7i act for reviving both the said former acts. All which said acts and clauses shall be in force, and is hereby made perpetual. VI. Provided alwaj'S, and it is hereby further enacted, That no administrator shall, from the four and twentieth day of Jzdy next, be cited to anj"- the courts in the said last act mentioned, to render an account of the personal estate of his intestate (otherwise than by an inventory or inventories thereof) unless it be at the instance or prose- cution of some person or persons in behalf of a minor, or ha^'^ng a demand out of such personal estate as a creditor or next of kin, nor be compellable to account before anj' the ordinaries or judges by the said last act impowered and appointed to take the same, otherwise than as is aforesaid ; anjiihing in the said last acts contained to the con- trary notwithstanding. VII. Provided also, and it is further enacted by the authority aforesaid, That if after the death, of a father, any of his children shall die intestate without wife or children, in the life-time of the mother, every brother and sister, and the representatives of them^ shall have an equal share with her ; anything in the last mentioned acts to the contrary notwithstanding. VIII. Provided, and it is hereby, for the determining some doubts * Made perpetual and enlarged by i & 5 W. & M. c. 21, § 12. Digitized by Microsoft® 72 IMPORTAXT ENGLISH STATUTES. arising upon tlie acts aforementioned, for the better settling intestates estates, enacted and declared, Tliat tlie clause therein, by which it is provided, that that act, or anj'thing therein contained, should not any ways prejudice or hinder the customs observed within the city of London, and province of York, was never intended, nor shall be taken or construed to extend, to such part of anj' intestate's estate, as an}' administrator, by virtue only of being administrator, by pretence or reason of any custom, may claim to have, to exempt the same from distribution, but that such part in the hands of such administrator shall be subject to distribution as in other cases within the said act.* 3 & 4 WM. & MARY. Cap. 14. [A.D. 1691.J An act for relief of creditors against fraudulent devises. Whereas it is not reasonable or just, that by the practice or con- trivance- of any debtors their creditors should be defrauded of their just debts ; and nevertheless it hath often so happened that where sev- eral persons having by bonds or other specialties bound themselves and their heirs, and have afterwards died seized in fee-simple of and in manors, messuages, lands, tenements, and hereditaments, or had power or authority to dispose of or charge the same by their wills or testaments, have to the defrauding of such their creditors, by their last wills or testaments devised the same, or disposed thereof in such manner as such creditors have lost their said debts : For remedjdng of which, and for the maintenance of just and upright dealing, II. Be it enacted and declared by the King's and Queen's most ex- cellent majesties, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assem- bled, and by authority of the same. That all wills and testaments, limitations, dispositions, or appointments, of or concerning any manors, messuages, lands, tenements, or hereditaments, or of any rent, profit, term, or charge out of the same, whereof any person or persons, at the time of his, her, or their decease, shall be seized in fee-simple, in pos- session, reversion, or remainder, or have power to dispose of the same by his, her, or their last wills or testaments, to be made after the five and twentieth day of March, in the year of our Lord God one thousand six hundred ninety and two, shall be deemed and taken (only as against such creditor or creditors as aforesaid, his, her, and their * Vide 11 Geo. IV. & 1 \Vm. IV. c. 47. Digitized by Microsoft® A.D. 1691. 73 heirs, successors, executors, administrators, and assigns, and every of them) to be fraudulent, and clearly, absolutel}^ and utterly void, frustrate, and of none effect ; any pretence, colour, feigned or pre- sumed consideration or any other matter or thing to the contrary notwithstanding. III. And for the means that such creditors may be enabled to re- cover their said debts, be it further enacted bj' the authoritj'' aforesaid. That in the cases before mentioned, every such creditor shall and may have and maintain his, her, and their action and actions of debt, upon his, her, and their said bonds and specialties, against the heir and heirs at law of such obligor or obligors, and such devisee or devisees, jointly by virtue of this act ; and such devisee or devisees shall be liable and chargeable for a false plea by him or them pleaded, in the same manner as any heir should have been for any false plea by him pleaded, or for not confessing the lands or tenements to him de- scended. rV. Provided always, and be it enacted bj' the authority aforesaid, That where there hath been or shall be any limitation or appointment, devise or disposition, of or concerning any manors, messuages, lands, tenements, or hereditaments for the raising or payment of any real and just debt or debts, or anj' portion or portions, sum or sums of money, for any child or children of any person, other than the heir at law, according to, or in pursuance of, any marriage contract or agreement in writing bond fide made before such marriage, the same and every of them shah be in full force ; and the same manors, messuages, lands, tenements, and hereditaments, shall and may be holden and enjoyed by every such person or persons, his, her, and their heirs, executors, ad- ministrators, and assigns, for whom the said limitation, appointment, devise, or disposition was made, and by his, her, and their trustee or trustees, his, her, and their heirs, executors, administrators, and as- signs, for such estate or interest as shall be so limited or appointed, devised or disposed, until such debt or debts, portion or portions, shall be raised, paid, and satisfied ; any thing in this act contained to the contrary notwithstanding. V. And whereas several persons being heirs at law, to avoid the payment of such just debts, as in regard of the lands, tenements, and hereditaments descending to them they have by law been liable to pay, have sold, aliened, and made over such lands, tenements, or her- editaments, before any process was, or could be issued out against them ; be it further enacted by the authority aforesaid. That in all Digitized by Microsoft® 74 IMPORTANT ENGLISH STATUTES. cases where an}' heir at law shall be liable to paj' the debts of his an- cestor in regard of any lands, tenements, or hereditaments descend- ing to him, and shall sell, aliene, or make over the same, before any action brought, or process sued out against him, that such heir at law shall be answerable for such debt or debts, in an action or actions of debt, to the value of the -land so bj* him sold, aliened, or made over ; in which cases all creditors shall be preferred, as in actions against executors and administrators, and such executions shall be taken out upon any judgment or judgments so obtained against such heir, to the value of the said land, as if the same were his own proper debt or debts ; saving that the lands, tenements and hereditaments bond fide aliened before the action brought, shall not be liable to such execution. VI. Provided always, and be it further enacted by the authority aforesaid. That where an}- action of debt upon any specialtj' is brought against any heir, he maj'' plead riens per descent, at the time of the original writ brought, or the bill filed against him ; anything herein contained to the contrary notwithstanding ; and the plaintiff in such action may reply, that he had lands, tenements, or hereditaments, from his ancestor before the original writ brought, or bill filed ; and if upon issue joined thereupon it be found for the plaintiff, the jurj- shall enquire of the value of the lands, tenements, or hereditaments so de- scended, and thereupon judgment shall be given, and execution shall be awarded as aforesaid ; but if judgment be given against such heh bj' confession of the action, without confessing the assets descended, or upon demurrer, or nihil dicit, it shall be for the debt and damages, without an J' writ to enquire of the lands, tenements, or hereditaments so descended. VII. Provided also, and be it further enacted. That aU and everj' devisee and devisees, made liable by this act, shall be liable and chargeable in the same manner as the heir at law b}' force of this act, notwithstanding the lands, tenements, and hereditaments, to him or them devised, shall be aliened before the action brought. Provided alwaj's. That this act shall be in force for three years, and to the end of the next session of parliament after the expiration of the said three j-ears, and no longer.* * Made perpetual by 6 & 7 Win. III. c. 14. See 1 Wm. IV. c. 47. Digitized by Microsoft® A.D. 1692-1699. 75 [4 & 5 W. & M. Cap. 16. [A.D. 1692.] An act to prevent frauds by clandestine mortgages.^ 10 & 11 WM. III. Cap. 16. [A.D. 1699.] ' An act to enable posthumous children to take estates as if born in their father's lifetime. Whereas it often happens, that by marriage and other settlements, estates are hmited in remainder to the use of the sons and daughters, the issue of such marriage, with remainders over, without limiting an estate to trustees to preserve the contingent remainders limited to such sons and daughters, by which means such sons and daughters, if they happen to be born after the decease of their father, are in danger to be defeated of their remainder bj' the next in remainder after them, and left unprovided for by such settlements, contrary to the intent of the parties that made those settlements : be it enacted by the King's most excellent majestj^ bj' and with the advice and consent of the lords spir- itual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That where an}^ estate already is or shall hereafter, by anj' marriage or other settlement, be limited in re- mainder to, or to the use of the first or other son or sons of the body of any person lawfullj- begotten, with any remainder or remainders over to, or to the use of anj^ other person or persons, or in remainder to, or to the use of a daughter or daughters lawfully begotten, with any remainder or remainders to any other person or persons, that any son or sons, or daughter or daughters of such person or persons lawfully begotten or to be begotten, that shall be born after the decease of his, her or their father, shall and may, by virtue of such settlement, take such estate so limited to the first and other sons, or to the daughter or daughters, in the same manner, as if born in the lifetime of his, her or their father, although there shall happen no estate to be limited to trustees, after the decease of the father, to preserve the contingent re- mainder to such afterborn son or sons, daughter or daughters, until he, she or they come in esse, or are born, to take the same ; any law or usage to the contrary in anj^ wise notwithstanding. II. Provided also, That nothing in this act shall extend or be con- strued to extend to divest any estate in remainder, that hy virtue of any marriage or other settlement, is already come to the possession of any person or persons, or to whom any right is accrued, though not Digitized by Microsoft® 76 IMPORTANT ENGLISH STATUTES. in actual possession, by reason or means of any afterborn son or sons, or daughter or daughters not happening to be born in the lifetime of his, her or their father. 4 ANNE. Cap. 16. [A.D. 1705.J An act for the amendment of the law, and the better advancement of justice. For the amendment of the law in several particulars, and for the easier, speedier, and better advancement of justice, be it enacted by the Queen's most excellent majesty, bj- and with the advice and con- sent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same. That from and after the first day of Trinity term, which shall be in the j'ear of our Lord one thousand seven hundred and six, where any demurrer shall be joined, and entered in anj' action or suit in any court of record within this realm, the judges shall proceed and give judgment, accord- ing as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, or defect in any writ, return, plaint, declaration, or other pleading, process, or course of proceeding whatsoever, except those only which the part}' demur- ring shall specialU' and particularly set down and express, together with his demurrer, as causes of the same, notwithstanding that such imperfection, omission, or defect might have heretofore been taken to be matter of substance, and not aided bj' the statute made in the twenty seventh 3'ear of Queen Elizabeth, intituled. An act for the furtherance of justice in case of demurrer and plecLclings, so as sufficient matter appear in the said pleadings, upon which the court maj' give judgment according to the very right of the cause ; and therefore from and after the said first day of Trinity term, no advantage or ex- ception shall be taken of or for an immaterial travers ; or of or for the default of entring pledges upon any bill or declaration ; or of or for the default of alledging the bringing into court any bond, bUl, inden- ture, or other deed whatsoever mentioned in the declaration or other pleading ; or of or for the default of aUedgiug of the bringing into court letters testamentarj', or letters of administration ; or of or for the omission of Vi et Armis et contra pacem, or either of them ; or of or for the want of averment of Hoc paratus est verificare, or, Hoc paratus est verificare pier Recordum; or of or for not alledging prout patet per Recordum, but the court shall give judgment according to the very right of the cause, as aforesaid, without regarding anj' such Digitized by Microsoft® A.D. 1705. 77 imperfections, omissions, and defects, or any other matter of like nature, except the same shall be specially and particularly set down and shewn for cause of demurrer. IV. And be it further enacted by the authority afoi'esaid. That from and after the said first day of Trinity term it shall and may be lawful for SA\y defendant or tenant in any action or suit, or for any plaintiff in replevin, in any court of record, with the leave of the same court, to plead as many several matters thereto, as he shall think necessary for his defence. V. Provided nevertheless, That if any such matter shaU upon a demurrer joyned, be judged insufficient, costs shall be given at the discretion of the court ; or if a verdict shall be found upon any issue in the said cause for the plaintiflF or demandant, costs shall be also given in like manner, unless the judge, who tried the said issue, shall certifjf, that the said defendant, or tenant, or plaintiff in replevin, had a probable cause to plead such matter which upon the said issue shall be found against him. IX. And be it further enacted by the authoritj' aforesaid. That from and after the said first day of Trinity term, all grants or convey- ances thereafter to be made, by fine or otherwise, of anj' manors or rents, or of the reversion or remainder of any messuages or lands, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, or of the land out of which such rent shall be issuing, or of the particular tenants upon whose particular estates anj' such reversions or remainders shall and maj' be expectant or depending, as if their attornment had been had and made. X. Provided nevertheless, That no such tenant shall be prejudiced or damaged by paj'ment of any rent to any such grantor or conusor or by breach of any condition for non-paj'ment of rent, before notice shall be given to him of such grant bj' the conusee or grantee. XIV. And whereas by an act of parliament made in the twenty ninth year of King Charles the Second, intituled, An act for prevention of frauds and perjuries, it is enacted. That no nuncupative will shall be good, where the estate thereby bequeathed shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses, at the least, that were present at the making thereof ; it is hereby declared, That all such witnesses as are and ought to be allowed to be good witnesses upon trials at law, \>y the laws and customs of this realm, shall be deemed good witnesses to prove any nuncupative will, or anj' thing relating thereunto. Digitized by Microsoft® 78 IMPORTANT ENGLISH STATUTES. XXI. And be it further enacted b}- the authoritj' aforesaid, That all warranties which shall be made after the said first day of Trinity term, by any tenant for life, of any lands, tenements, or heredita- ments, the same descending or coming to any person in reversion or remainder, shall be void and of none effect ; and likewise all collateral warranties, which shall be made after the said first day of Trinity term, of any lands, tenements, or hereditaments, bj- any ancestor who has no estate of inheritance in possession in the same, shall be void against his heir. XXVII. And be it enacted by the authoritj' aforesaid. That from and after the said first day of Trinity term, actions of account shall and may be brought and maintained against the executors and admin- istrators of every guardian, bailiff, and receiver ; and also by one joint tenant, and tenant in common, his executors and administrators, against the other, as bailiff for receiving more than comes to his just share or proportion, and against the executor and administrator of such joint tenant, or tenant in common ; and the auditors appointed by the court, where such actions shall be depending, shall be, and are hereby impowered to administer an oath, and examine the parties touching the matters in question, and for their pains and trouble in auditing and taking such account, have such allowance as the court shall adjudge to be reasonable, to be paid by the party on whose side the ballance of the account shall appear to be. 7 ANNE. Cap. 20. [A.D. 1708.] An act for the publick registering of deeds, conveyances, and wills, and other incumbrances which shall be made of, or that may affect any honors, manors, lands, tenements, or hereditaments, within the county of Middlesex, after the twenty ninth day of September, one thousand seven hundred and nine. Whereas by the different and secret ways of conveying lands, tene- ments, and hereditaments, such as are ill disposed have it in their power to commit frauds, and frequently do so, by means whereof sev- eral persons (who through many years industry in their trades and employments, and by great frugahty, have been enabled to purchase lands, or to lend monies on land security) have been undone in their purchases and mortgages, by prior and secret conveyances, and frau- dulent incumbrances, and not only themselves, but their whole families thereby utterly ruined : for remedy whereof, may it please your most Digitized by Microsoft® A.D. 1708-1709. 79 excellent Majesty (at the humble request of the justices of the peace, gentlemen, and freeholders of the county of Middlesex) that it may be enacted, and be it enacted by the Queen's most excellent majesty, b}- and with the advice and consent of the lords spiritual and tempo- ral, and commons in this present parliament assembled, and by tlie authority of the same, That a memorial of all deeds and convej'ances, which from and after the twenty nintli day of September, in the j-ear of our Lord one thousand seven hundred and nine, shall be made and executed, and of all wills and devises in writing made or to be made and publislied, where the devisor or testatrix shall die after the said twenty nintli day of September, of or concerning, and whereby anj' honors, manors, lands, tenements, or hereditaments in the said countj', may be any way affected in law or equity, may be registered in such manner as is herein after directed ; and that every such deed or con- veyance that shall at any time after the said twenty ninth day of Sep- tember, be made and executed, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable considera- tion, unless such memorial thereof be registered as hy this act is directed, before the registring of the memorial of the deed or convey- ance under which such subsequent purchaser or mortgagee shall claim ; and that everj^ such devise by will shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable considera- tion, unless a memorial of such will be registered at such times and in manner as is herein after directed. XVII. Provided always, and be it further enacted. That this act shall not extend to vaij copyhold estates, or to any leases at a rack rent, or to any lease not exceeding one and twenty years, where the actual possession and occupation goeth along with the lease, or to any of the chambers in Serjeants Inn, the inns of court, or inns of Chan- cery ; anything in this act contained to the contrary thereof in any wise notwithstanding. 8 ANNE. Cap. 14. [A.D. 1709.] An act for the better security of rents, and to prevent frauds committed by tenants. TV. And whereas no action of debt lies against a tenant for life or lives, for any arrears of rent, during the continuance of such estate for life or lives, be it enacted by the authority aforesaid. That from and after the said first day of May, it shall and may be lawful for any Digitized by Microsoft® 80 IMPORTANT ENGLISH STATUTES. person or persons, having any rent in arrear or due upon any lease or demise for life or lives, to bring an action or actions of debt for such arrears of rent, in the same manner as the}' might have done, in case such rent were due and reserved upon a lease for years. VI. And whereas tenants pur auter vie and lessees for years, or at will, frequently hold over the tenements to them demised, after the determination of such leases : and whereas after the determination of such, or any other leases, no distress can b}' law be made for any arrears of rent that grew due on such respective leases before the de- termination thereof ; it is herebj' further enacted hy the authorit}' afore- said, That from and after the said first daj' of May, one thousand seven hundred and ten, it shall and may be lawful" for an}' person or persons, having anj' rent in arrear or due upon any lease for life or lives, or for j'ears, or at will, ended or determined, to distrain for such arrears, after the determination of the said respective leases, in the same manner as they might have done, if such lease or leases had not been ended or determined. Vn. Provided, That such distress be made within the space of six kalendar months after the determination of such lease, and during the continuance of such landlord's title or interest, and during the posses- sion of the tenant from whom such arrears became due. 4 G-EO. II. Cap. 28. [A.D. 1731.J An act for the more effectual preventing frauds committed hy tenants, and for the more easy recovery of rents, and renewal of leases. V. And whereas the remedj^ for recovering rent seek, rents of assize and chief rents, are tedious and difficult, be it therefore enacted by the authority aforesaid. That from and after the twenty fourth day of June one thousand seven hundred and thirtj' one, all and every person or persons, bodies iDolitick and corporate, shall and maj' have the like remedy by distress, and by impounding and selling the same, in cases of rent seek, rents of assize and chief rents, which have been duly answered or paid for the space of three years, within the space of twentj' 3'ears before the first day of this present session of parlia- ment, or shall be hereafter created, as in case of rent reserved upon lease ; any law or usage to the contrary notwithstanding. [7 GEO. n. Cap. 20. [A.D. 1734.J An act for the more easy redemption and foreclosure of mortgages.] Digitized by Microsoft® A.D. 1731-1738. gl 11 GEO. II. Cap. 19. [A.D. 1738.] An act for the mere effectual securing the payment of rents, and pre- venting frauds by tenants. XI. And whereas the possession of estates in lands, tenements, and hereditaments is rendered very precarious bj' the frequent and fraudulent practice of tenants, in attorning to strangers, who claim title to the estates of their respective landlord or landlords, lessor or lessors, who by that means are turned out of possession of their respective estates, and put to the diiBcult}' and expence of recovering the posses- sion thereof by actions or suits at law ; for remedy thereof, be it en- acted by the authority aforesaid. That from and after the said twenty fourth day of June in the j'ear of our Lord one thousand seven hundred thirty and eight, all and every such attornment, and attornments of any tenant or tenants of any messuages, lands, tenements, or heredi- taments, within that part of Great Britain called England, dominion of Wales, or town of Berwick upon Tweed, shall be absolutely null and void to all intents and purposes whatsoever ; and the possession of their respective landlord or landlords, lessor or lessors, shall not be deemed or construed to be any wise changed, altered, or affected by any such attornment or attornments : Provided always. That nothing herein contained shall extend to vacate or effect any attornment made pursuant to and in consequence of some judgment at law, or decree or order of a court of equity, or made with the privitj' and consent of the landlord or landlords, lessor or lessors, or to anj' mortgagee after the mortgage is become forfeited. XrV. And to obviate some difficulties that many times occur in the recovery of rents, where the demises are not by deed, be it further enacted by the authority aforesaid. That from and after the said twenty fourth day of Jane, it shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants, in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agree- ment (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the dam- ages to be recovered. Digitized by Microsoft® 82 IMPORTANT ENGLISH STATUTES. XV". And whereas where any lessor or landlord, having only an estate for life in the lands, tenements, or hereditaments demised, hap- pens to die before or on the day, on which any rent is reserved, or made payable, such rent, or anj' part thereof, is not by law recoverable by the executors or administrators of such lessor or landlord ; nor is the per- son in reversion entitled thereto, any other than for the use and occu- pation of such lands, tenements, or hereditaments, from the death of the tenant for life ; of which advantage hath been often taken by the under-tenants, who thereby avoid paying an3-thing for the same ; for remedj' whereof, be it enacted by the authority aforesaid. That from and after the four and twentieth daj' of Jime, one thousand seven hun- dred thirty and eight, where any tenant for life shall happen to die before or on the daj^, on which anjr rent was reserved or made pa3-able upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of such tenant for life, that the execu- tors or administrators of such tenant for life shall and maj^ in an action on the case recover of and from such under-tenant or under-tenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made paj-able, the whole or if before such daj" then a proj)ortion, of such rent according to the time such tenant for life lived, of the last j'ear, or quarter of a j'ear, or other time in which the said rent was growing due as aforesaid, mak- ing all just allowances or a proportionable part thereof respectively.* 14 GEO. II. Cap. 20. [A.D. 1741.J An act to amend and explain an act made in the twenty ninth year of the reign of King Charles the Second, intitided An act for preven- tion of Frauds and Perjuries, so far as the same relates to estates pur auter vie. IX. And whereas, hy an act made in the twenty ninth j'ear of King Charles the Second, intituled. An act for prevention of frauds and perjuries, amongst other things, it is enacted, That estates piur auter vie, whereof no devise should be made, should, in case there should be no special occupant thereof, go to the executors or adminis- trators of the party that had the estate thereof by virtue of the grant, and should be assets in their hands : and whereas doubts have arisen, where no devise has been made of such estates, to whom the surplus * See 4 & 5. Wm. IV. c. 32. Digitized by Microsoft® A.D. 1741-1752. 83 of such estates, after the debts of such deceased owners thereof are fulh' satisfied, shall belong ; be it enacted by the authority aforesaid. That such estates pui- auter vie, in case there be no special occupant thereof, of which no devise shall have been made according to the said act for prevention of frauds and perjuries, or so much thereof as shall not have been so devised, shall go, be applied, and distributed, in the same manner as the parsonal estate of the testator or intestate. 25 GEO. II. Cap. 6. [A.D. 1752.] An act for avoiding and 2)utting an end to certain doubts and questions relating to the attestation of wills and codicils concerning real estates in that part of Great Britain called England, and in his Majesty's colonies and plantations in America. Whereas by an act made in the twenty ninth j'ear of the reign of his late majesty King Charles the Second, intituled, An act for pre- vention of frauds and pierjuries; it is amongst other things enacted. That from and after the twenty fourth day of June in the j'ear of our Lord one thousand six hundred and seventy seven, all devises and be- quests of any lands or tenements deviseable, either by force of the statute of wills, or by that statute, or by force of the custom of Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed bj' the party so devising the same, or bj' some other person in his presence, and by his express direction ; and shall be attested and subscribed in the presence of the said devisor, bj'' three or four credible witnesses, or else they shall be utterlj- void and of none effect, which hath been found to be a wise and good pro- vision : but whereas doubts have arisen who are to be deemed legal witnesses within the intent of the said act ; therefore, for avoiding the same, be it enacted hj the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and com- mons in this present parliament assembled, and b}- the authoritj' of the same. That if any person shall attest the execution of any will or codicil which shall be made after the twenty fourth day of June in the year of our Lord one thousand seven hundred and fiftj- two, to whom any beneficial devise, legacj^, estate, interest, gift or appointment of or affecting any realor personal estate, other than and except charges on lands, tenements or hereditaments for payment of any debt or debts, shall be therebj- given or made, such devise, legacy, estate, interest. Digitized by Microsoft® 84 IMPORTANT ENGLISH STATUTES. gift or appointment, shall, so far only as concerns such person attest- ing the execution of such will or codicil, or any person claiming under him, be utterly null and void ; and such person shall be admitted as a witness to the execution of such will or codicil, within the intent of the said act ; notwithstanding such devise, legacy, estate, interest, gift or appointment mentioned in such will or codicil. II. And be it further enacted bj^ the authority' aforesaid. That in case, by any will or codicil already made or hereafter to be made, any lands, tenements or hereditaments are or shall be charged with any debt or debts ; and any creditor whose debt is so charged, hath at- tested or shall attest the execution of such will or codicil, everj^ such creditor, notwithstanding such charge, shall be admitted as a witness to the execution of such will or codicil, within the intent of the said act. III. And be it further enacted by the authority aforesaid. That if any person hath attested the execution of any wUl or codicil abeady made, or shall attest the execution of any will or codicil which shall be made on or before the said twenty fourth day of June in the year of our Lord one thousand seven hundred and fifty two, to whom any legacy or bequest is or shall be thereby given, whether charged upon lands, tenements or hereditaments, or not ; and such person, before he shall give his testimony concerning the execution of any such will or codicil, shall have been paid, or have accepted or released, or shall have refused to accept such legacy or bequest, upon tender made thereof; such person shall be admitted as a witness to the execution of such will or codicil, within the intent of the said act, notwithstand- ing such legacy or bequest. IV. Provided always, and be it further enacted. That in case of such tender and refusal as aforesaid, such person shaU in no wise be entitled to such legacy or bequest, but shall be for ever afterwards barred therefrom ; and in case of such acceptance as aforesaid, such person shall retain to his own use the legacy or bequest which shall have been so paid, satisfied or accepted, notwithstanding such will or codicQ shall afterwards be adjudged or determined to be voiti for want of due execution, or for an}^ other cause or defect whatsoever. V. And be it further enacted. That in case any such legatee as aforesaid, who hath attested the execution of any will or codicil ah'eady made, or shall attest the execution of any wiU or codicil which shall be made on or before the said twenty fourth day of June in the j'ear of our Lord one thousand seven hundred and fifty two, shall have died in Digitized by Microsoft® A.D. 1752. 85 the life-time of the testator, or before he shall have received or re- leased the legacy or bequest so given to him as aforesaid, and before he shall have refused to receive such legacj' or bequest, on tender made thereof, such legatee shall be deemed a legal witness to the exe- cution of such will or codicil, within the intent of the said act, not- withstanding such legacy or bequest. VI. Provided always. That the credit of every such witness so at- testing the execution of anj- will or codicil, in any of the cases in this act before-mentioned, and all circumstances relating thereto, shall be subject to the consideration and determination of the court, and the jury, before whom any such witness shall be examined, or his testi- monj^ or attestation made use of; or of the court of equity, in which the testimony or attestation of any such witness shall be made use of ; in like manner, to all intents and purposes, as the credit of witnesses in all other cases ought to be considered of and determined. VII. And be it further enacted by the autliority aforesaid. That no person to whom anj^ beneficial estate, interest, gift or appointment shall be given or made, which is hereby enacted to be null and void as aforesaid, or who shall have refused to receive any such legacy or be- quest, on tender made as aforesaid, and who shall have been examined as a witness concerning the execution of such will or codicil, shall, after he shall have been so examined, demand or take possession of or receive any profits or benefit of or from any such estate, interest, gift or appointment so given or made to him, in or b}' any such will or codicil ; or demand, receive or accept from any person or persons whatsoever, any such legacy or bequest, or any satisfaction or compen- sation for the same, in any manner or under any colour or pretence whatsoever. VIII. Provided always, and be it enacted by the authority afore- said. That this act or any thing herein contained shall not extend or be construed to extend to the case of any heir at law, or of any devisee in a prior will or codicil of the same testator, executed and attested according to the said recited act, or any person claiming under them respectively, who has been in quiet possession for the space of two 3'ears next preceding the sixth day of May in the year of our Lord one thousand seven hundred and fifty one, as to such lands, tenements and hereditaments, whereof he has been in quiet possession as aforesaid ; and also that this act or any thing herein contained, shall not extend or be construed to extend, to any will or codicil, the validity or due execution whereof bath been contested in any suit in law or equity Digitized by Microsoft® 86 IMPORTANT ENGLISH STATUTES. commenced by the heir of such devisor, or the devisee in anj' such prior will or codicil, for recovering the lands, tenements or heredita- ments mentioned to be devised in any will or codicil so contested, or any part thereof, or for obtaining any other judgment or decree rela- tive thereto, on or before the said sixth day of May in the year of our Lord one thousand seven hundred and flftj' one, and which has been already determined in favour of such heir at law, or devisee in such prior will or codicil, or any person claiming under them respectivelj', or which is still depending, and has been prosecuted with due dili- gence ; but the validity of every such will or codicil, and the compe- tency of the witnesses thereto, shall be adjudged and determined in the same manner, to all intents and purposes, as if this act had never been made ; any thing herein before contained to the contrary thereof in any wise notwithstanding. IX. Provided alwaj-s nevertheless, and it is hereby declared, That no possession of any heir at law, or devisee in such prior will or codi- cil as aforesaid, or of anj' person claiming under them respectively', which is consistent with, or may be warranted bj' or under any will or codicil attested according to the true intent and meaning of this act, or where the estate descended or might have descended to such heir at law, till a future or executor}^ devise, bj' virtue of any will or codicil attested according to this act, should or might take effect, shall be deemed to be a possession within the intent and meaning of the clause herein last before contained. X. And whereas in some of the- British colonies or plantations in America, the said act of the twentj' ninth j'ear of the reign of King Charles the Second, has been received for law, or acts of assemblj' have been made, wherebj- the attestation and subscription of witnesses to devises of lands, tenements and hereditaments have been required: therefore, to prevent and avoid doubts which may arise in the said colonies or plantations, in relation to the attestation of such devises of lands, tenements and hereditaments ; be it enacted by the authorit}^ aforesaid, That this act, and every clause, matter and thing therein contained, shall extend to such of the said colonies and plantations, where the said act of the twentj' ninth year of the reign of King CJiarles the Second, is hy act of assembly made, or bj- usage received as law, or where by act of assemblj' or usage, the attestation and sub- scription of a witness or witnesses are made necessary to devises of lands, tenements or hereditaments ; and shall have the same force and effect in the construction of or for the avoiding of doubts upon the said Digitized by Microsoft® A.D. 1757. 87 acts of assembly, and laws of the said colonies and plantations, as the same ought to have in the construction of or for the avoiding of doubts upon the said act of the twenty ninth year of the reign of King Charles the Second in England. XI. Provided always, That as to cases arising in any of the said colonies or plantations in America, no such devise, legacj' or bequest as aforesaid, shall be made null and void by virtue of this act, unless the wiU or codicil whereby such devise, legacj' or bequest shall be given, shall be made after the first day of March which shall be in the year of our Lord one thousand seven hundred and fiftj- tln-ee. 30 G-EO. II. Cap. 24, § 1. [A.D. 1757.] An act for the more effectual punishment of persons who shall attain, or attempt to attain possession of goods or money by false or untrue pretences; Whereas divers evil disposed persons, to support their profligate waj' of life, have by various subtle stratagems, threats and devises, fraudulently obtained divers sums of money, goods wares and mer- chandizes, to the great injury of industrious families, and to the mani- fest prejudice of trade and credit ; therefore for the punishing all such offenders, be it enacted by the Kings most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same. That from and after the twenty-ninth day of September one thousand seven hundred and fifty-seven, all persons who know- inglj' and designedlj', by false pretence or pretences, shall obtain from any person or persons, money, goods, wares or merchandizes, with intent to cheat or defraud any person or persons of the same ; or shall knowinglj- send or deliver any letter or writing, with or without a name or names subscribed thereto, or signed with a fictitious name or names, letter or letters, threatening to accuse anj' person of anj' crime punishable by law with death, transportation, pillory, or any other infamous punishment, with a view or intent to extort or gain money, goods, wares or merchandizes from the person or persons so threat- ened to be accused, shall be deemed offenders against law and the publick peace ; and the court before whom such offender or offenders shall be tried shall in case he, she or they shall be convicted of any of the said offences, order such offender or oflfenders to be fined and im- Digitized by Microsoft® 88 IMPORTANT ENGLISH STATUTES. prisoned, or to be put in the pillory, or publickly whipped, or to be transported, as soon as convenientlj' may be (according to the laws made for transportation of felons) to some of his Majestj^'s colonies or plantations in America, for the term of seven years, as the court in which any such offender or offenders shall be convicted shall think fit and order. 39 GEO. III. Cap. 85. [A.D. 1798.] An act to protect masters against embezzlements hy their clerks or servants.* Whereas bankers, merchants and others, are, in the course of their dealings and transactions, frequently obliged to entrust their servants, clerks, and persons employed by them in the like capacitj', with receiv- ing, paj'ing, negociating, exchanging, or transferring, money, goods, bonds, bills, notes, banker's drafts, and other valuable effects and securities : and whereas doubts have been entertained whether the embezzling of the same by such servants, clerks and others, so em- ployed by their masters, amounts to felon}' by the law of England, and it is expedient that such offences should be punished in the same manner in both parts of the United Kingdom ; be it enacted and de- clared by the King's most excellent majestj', by and with the consent of the lords spiritual and temporal, and commons, in this present par- liament assembled, and by the authority of the same. That if an}"^ ser- vant or clerk, or any person emploj'ed for the purpose in the capacitj' of a servant or clerk, to any person or persons whomsoever, or to any body corporate or politick, shall, bj^ virtue of such employment, re- ceive or take into his possession any money, goods, bond, bill, note, banker's draft, or other valuable securitj', or effects, for or in the name or on the account of his master or masters, or emploj-er or employers, for whose use or in whose name or names, or on whose account the same was or were delivered to, or taken into the possession of such servant, clerk, or other person so employed, although such monej', goods, bond, bill, note, banker's draft, or other valuable security, was or were no otherwise received into the possession of his or their ser- vant, clerk, or other person so emploj^ed ; and every such offender, his adviser, procurer, aider, or abettor, being thereof lawfully convicted or attainted, shall be liable to be transported to such parts beyond the seas as his Majesty, by and with the advice of his privy council, shall * ai Heo. Vra. c. 7; 7 & 8 Geo. IV. c. 29, § 47; and 24 & 25 Vict. c. 96, § 68. Digitized by Microsoft® A.D. 1798-1800. 89 appoint, for any terai not exceeding fourteen j^ears, in tlie discretion of the court before wliom sucli offender shall be convicted or adjudged. 40 GEO. III. Cap. 98. [A.D. 1800.] (Thellusson Act.) An act to restrain all trusts and directions in deeds or wills, whereby the profits or produce of real or personal estate shall he accumu- lated, and the beneficial enjoyment thereof postponed beyond the time therein limited. "Whereas it is expedient that all dispositions of real or personal estates, whereby the profits and produce thereof are directed to be accumulated, and the beneficial enjoyment thereof is postponed, should be made subject to the restrictions herein-after contained ; may it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in par- liament assembled, and by the authority of the same. That no person or persons shall, after the passing of this act, bj' way deed or deeds, surrender or surrenders, will, codicil, or otherwise howsoever, settle or dispose of any real or personal propert}^, so and in such manner that the rents, issues, profits, or produce thereof, shall be wholly or par- tially accumulated for any longer term than the life or lives of any such grantor or grantors, settler or settlers, or the term of twentj'-one years from the death of any such grantor, settler, devisor, or testator, or during the minority or respective minorities of anj' person or persons who shall be living, or in ventre sa mere at the time of the death of such grantor, devisor, or testator, or during the minority or respective minorities only of any person or persons who, under the uses or trusts of the deed, surrender, will, or other assurances, directing such accum- ulations, would, for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be accumulated ; and in every case where anj- accumulation shall be directed otherwise than as aforesaid, such direc- tion ^hall be null and void, and the rents, issues, profits, and produce of such property so directed to be accumulated, shall, so long as the same shaU be directed to be accumulated contrary to the provisions of this act, go to and be received bj- such person or persons as would have been entitled thereto if such accumulation had not been directed. Digitized by Microsoft® 90 IMPORTANT ENGLISH STATUTES. II. Provided alwaj-s, and be it enacted, That nothing in this act contained shall extend to any provision for paj-ment of debts of any gi-antor, settler, or devisor, or other person or persons, or to any pro- vision for raising portions for any child or children of any grantor, settler, or devisor, or an}- child or children of any person taking any interest under anj' such conveyance, settlement, or devise, or to any direction touching the produce of timber or wood upon any lands or tenements, but that all such provisions and directions shall and may be made and given as if this act had not passed. 46 GEO. in. Cap. 37. [A.D. 1806. J An act to declare the law witli respect to witnesses refusing to answer. "Whereas doubts have arisen whether a witness can by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendenc}' to accuse himself, or to expose him to any penalty or forfeiture, but the answering of which may establish, or tend to establish that he owes a debt, or is otherwise subject to a civil suit at the instance of his Majestj', or of some other person or persons ; be it therefore declared and enacted bj' the King's most excellent majesty, by and with the advice and consent of the lords spuitual and temporal, and commons, in this present parliament as- sembled, and by the authority of the same. That a witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendenc}' to accuse himself or to expose him to penalty or forfeiture, of any nature whatsoever, bj- reason onlj-, or on the sole gi'ound, that the answering of such question may estab- lish or tend to establish that he owes a debt, or is otherwise subject to a civil suit, either at the instance of his Majesty, or of anj^ other person or persons. 9 GEO. IV. Cap. 14. [A.D. 1828.] {Lord Tenterden's Act.) An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements. "Whereas by an Act passed in England in the twenty-first j'ear of the reign of King James the First, it was, among other things, enacted, that all actions of account and upon the case, other than such accounts as concern the trade of merchandize between merchant and merchant. Digitized by Microsoft® A.D. 1806-1828. 9^ their factors or servants, all actions of debt grounded upon any lend- ing or contract without speciality, and all actions of debt for arrearages of rent, should be commenced within three years after the end of the then present session of Parhament, or within six years next after the cause of such actions or suit, and not after : And whereas a similar enactment is contained in an Act passed in Ireland in the tenth year of the reign of King Charles the First : And whereas various questions have arisen in actions founded on simple contract, as to the proof and effect of acknowledgments and promises offered in evidence for the piu-pose of taking cases out of the operation of the said enactments ; and it is expedient to prevent such questions, and to make provision for giving effect to the said enactments and to the intention thereof : I. Be it therefore enacted by the King's most excellent Majestj-, b}- and with the advice and consent of the lords spiritual and tem- poral, and commons, in this present Parliament assembled, and bj- the authority of the same. That in actions of debt or upon the case grounded upon any simple contract no acknowledgment or promise bj' words onlj' shall be deemed sufficient evidence of a new or continuing contract, whereby to take any case out of the operation of the said enactments or either of them, or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the partj' chargeable thereby ; and that where there shall be two or more joint contractors, or executors or administrators of any contractor, no such joint con- tractor, executor, or administrator shall lose the benefit of the said enactments or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed by any other or others of them : Provided alwaj's, that nothing herein contained shall alter or take away or lessen the effect of an}' paj-ment of any principal or interest made hy any person whatsoever : Provided also, that in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited Acts or this Act, as to one or more of such joint contractors, or executors or administrators, shall nevertheless be entitled to recover against any other or others of the defendants, l\y virtue of a new acknowledgment or promise, or otherwise, judgment ma}' be given and costs allowed for the plaintiff as to such defendant or defendants against whom he shall recover, and for the other defend- ant or defendants against the plaintiff. Digitized by Microsoft® 92 IMPORTANT ENGLISH STATUTES. II. And be it farther enacted, That if any defendant or defendants in any action on any simple contract shall plead any matter in abate- ment, to the effect that any other person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not, by reason of the said recited Acts or this Act, or of either of them, be maintained against the other person or persons named in such plea, or any of them, the issue joined on such plea shall be found against the party pleading the same. III. And be it further enacted. That no indorsement or memoran- dum of any payment written or made after the time appointed for this Act to take effect, upon anj' promissory note, bill of exchange, or other writing, by or on the behalf of the party to whom such pa3'ment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of either of the said statutes. IV. And be it further enacted. That the said recited Acts and this Act shall be deemed and taken to applj^ to the case of any debt on simple contract alleged by way of set off on the part of any defendant, either by plea, notice, or otherwise. V. And be it further enacted. That no action shall be maintained wherebj' to charge any person upon any promise made after full age to pay any debt contracted during infancj', or upon anj' ratification after full age of any promise or simple contract made during infancj', unless such promise or ratification shall be made bj' some writing signed by the party to be charged thei-ewith. VI. And be it further enacted. That no action shall be brought wherebj' to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person maj' obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the partj' to be charged therewith. VII. And whereas by an Act passed in England in the twenty- ninth year of the reign of King Charles the Second, intituled An Act for the Prevention of Frauds and Perjuries, it is, among other things, enacted, that from and after the twenty-fourth day of June one thou- sand six hundred and seventy-seven, no contract for the sale of any goods, wares, and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actuallj^ receive the same, or give some- thing in earnest to bind the bargain, or in part of paj'ment, or that Digitized by Microsoft® A.D. 1830. 93 some note or memorandam in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfullj' authorized : And whereas a similar enactment is contained in an Act passed in Ireland in tlie seventli year of the reign of King William the Third : And whereas it has been held, that the said recited enactments do not extend to certain executorj' contracts for the sale of goods, which nevertheless are within the' mischief thereby intended to be remedied ; and it is expedient to extend the said enactments to such executor}' contracts ; Be it enacted, That the said enactments shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the mak- ing or completing thereof, or rendering the same fit for dehvery. 11 GEO. IV. & 1 WM. IV. Cap. 40. [A.D. 1830.] An Act for making better Provision for the Disposal of the undisposed of Residues of the Effects of Testators. Whereas Testators bj^ their "Wills frequently appoint Executors, without malring any express Disposition of the Residue of their Per- sonal Estate : And whereas Executors so appointed become 'bj Law entitled to the whole Eesidue of such Personal Estate ; and Courts of Equity have so far followed the Law as to hold such Executors to be entitled to retain such Residue for their own Use, unless it appears to have been their Testator's Intention to exclude them from the bene- cial Interest therein, in which Case they are held to be Trustees for the Person or Persons (if any) who would be entitled to such Estate under the Statute of Distributions, if the Testator has died Intestate : And whereas it is desirable that the Law should be extended in that respect ; Be it therefore enacted by the King's most Excellent Majes- ty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That when any Person shall die, after the First Day of September next after the passing of this Act, having by his or her Will, or any Codicil or Codicils thereto, appointed any Person or Persons to be his or her Executor or Executors, such Executor or Executors shall be deemed by Courts of Equity to be a Trustee or Trustees for the Person or Persons (if any) who would be Digitized by Microsoft® 94 IMPORTANT ENGLISH STATUTES. entitled to the Estate under the Statute of Distributions, in respect of any Residue not expressly disposed of, unless it shall aj^pear by the Will, or any Codicil thereto, the Person or Persons so appointed Exe- cutor or Executors was or were intended to take such Eesidue bene-., ficially. II. Provided also, and be it further enacted, That nothing herein contained shall affect or prejudice any Right to which anj' Executor, ■ if this Act had not been passed, would have been entitled, in Cases where there is not an}' Person who would be entitled to the Testator's Estate under the Statute of Distributions, in respect of an^' Residue not expressly disposed of. III. Pro\'ided always, and be it further enacted. That nothing herein contained shall extend to that Part of the United Kingdom called Scotland. Cap. 46. All Act to alter and amend the Law relating to Illusory Appointments. Whereas, bj' Deeds, Wills, and other Instruments, Powers are fre- quently given to appoint Real and Personal Propertj' amongst several Objects, in such Manner that none of the Objects can be excluded by the Donee of the Power from a Share of such Property ; And whereas Appointments in exercise of such Powers whereb}- an unsubstantial, illusory, or nominal Share of the Propert}- affected thereby is appointed to or left unappointed to devolve upon anj- one or more of the Objects thereof, are invalid in Equitj-, although the like Appointments are good and binding at Law : And whereas considerable Inconvenience Iiath arisen from the Rule of Equitj' relative to such Appointments, and it is expedient that such Appointments should be as valid in Equitj' as at Law ; Be it therefore enacted hy the King's most excellent Majesty, b}' and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and bj- the Authoritj' of the same. That no Appointment which from and after the passing of this Act shall be made in exercise of any Power or Author- ity to appoint any Property, Real or Personal, amongst se^-eral Ob- jects, shall be invalid or impeached in Equit}-, on the Ground that an unsubstantial, illusory, or nominal Share only shall be thereby ap- pointed to or left unappointed to devolve upon anj" one or more of the Objects of such Power ; but that every such Appointment shall be valid and effectual in Equity as well as at Law, notwithstanding that anj- one or more of the Objects shall not thereunder, or in default of Digitized by Microsoft® A.D. 1830-1833. 95 such Appointment, take more than an unsubstantial, illusory, or nomi- nal Share of the Property subjected to such Power. II. Provided always, and be it further enacted. That nothing in this Act contained shall prejudice or affect any Provision in any Deed, Will, or other Instrument creating any such Power as aforesaid, which shall declare the Amount of the Share or Shares from which no Object of the Power shall be excluded. III. Provided also, and be it further enacted and declared, That nothing in this Act contained shall be construed, deemed, or taken, at Law or in Equity, to give any other Validity, Force, or Effect, to any Appointment, than such Appointment would have had if a substantial Share of the Property affected by the Power had been thereby ap- pointed to or left unappointed to devolve upon any Object of such Power. [11 GEO. IV. & 1 WM. IV. Cap. 47. [A.D. 1830.] An Act for consolidating and Amending the Laws for facilitating the Payment of Debts out of Real Estctte.'] [2 & 3 WM. IV. Cap. 71. [A.D. 1832.]; An Act for shortening the Time of Prescription in certain Cases.'] [3 & 4 WM. IV. Cap. 27. [A.D. 1833.] An Act for the Limitation of Actions and Suits relating to Real Prop- erty, and for simplifying the Remedies for trying the Rights thereto.'] 3 & 4 WM. IV. Cap. 42. [A.D. 1833.] II. And whereas there is no Remedy provided bj- Law for Inju- ries to the Real Estate of any Person deceased, committed in his Life- time, nor for certain Wrongs done by a Person deceased in his Life- time to another in respect of his Propert}-, Real or Personal ; for Remedy thereof be it enacted, That an Action of Trespass, or Trespass on the Case, as the Case may be, maj' be maintained by the Execu- tors or Administrators of any Person deceased for any Injury to the Real Estate of such Person, committed in his Lifetime, for which an Action might have been maintained hy such Person, so as such Injury shall have been committed within Six Calendar Months before the Death of such deceased Person, and provided such Action shall be Digitized by Microsoft® 96 IMPORTANT ENGLISH STATUTES. brought within One Year after the Death of such Person ; and the Damages, when recovered, shall be Part of the Personal Estate of such Person ; and further, that an Action of Trespass, or Trespass on the Case, as the Case maj' be, may be maintained against the Executors or Administrators of any Person deceased for any Wrong committed by him in his Lifetime to another in respect of his Propertj^ Eeal or Personal, so as such Injury shall have been committed within Six Calendar Months before such Person's Death, and so as such Action shall be brought within Six Calendar Months after such Executors or Administrators shall have taken upon themselves the Administration of the Estate and Effects of such Person ; and the Damages to be recovered in such Action shall be payable in like Order of Adminis- tration as the Simple Contract Debts of such Person. XXXI. And be it further enacted. That in every Action brought bj' any Executor or Administrator in right of the Testator or Intestate, such Executor or Administrator shall, unless the Court in which such Action is brought, or a Judge of any of the said Superior Courts, shall otherwise order, be liable to pay Costs to the Defendant in case of being nonsuited or a Verdict passing against the Plaintiff, and in all other Cases in which he would be liable if such Plaintiff were suing in his own Right upon a Cause of Action accruing to himself ; and the Defendant shall have Judgment for such Costs, and they shall be recovered in like Manner. XXXVII. And be it further enacted, That it shall be lawful for the Executors or Administrators of any Lessor or Landlord to distrain upon the Lands demised for any Term, or at Will, for the Arrearages of Eent due to such Lessor or Landlord in his Lifetime, in like Manner as such Lessor or Landlord might have done in his Lifetime. XXXVIII. And be it further enacted. That such Arrearages may be distrained for after the End or Determination of such Term or Lease, at Will, in the same MUnner as if such Term or Lease had not been ended or determined ; provided that such Distress be made within the Space of Six Calendar Months after the Determination of such Term or Lease, and during the Continuance of the Possession of the Tenant from whom such Arrears became due : Provided also, that all and every the Powers and Provisions in the several Statutes made relating to Distresses for Eent shall be applicable to the Distresses so made as aforesaid. Digitized by Microsoft® A.D. 1833-1837. 97 [3 & 4 WM. IV. Cap. 104. [A.D. 1833.] An Act to render Freehold and OopyJiold Estates Assets for the Pay- ment of Simple and Contract Debts. ^ [3 & 4 WM. rV. Cap. 106. [A.D. 1833.] An Act for the Amendment of the Law of Inheritance."] [4 & 5 WM. IV. Cap. 23. [A.D. 1834.] An Act for the Amendment of the Law relative to the Escheat and For- feiture of Real and Personal Property holden in Trust.'] 7 WM. IV. & 1 VICT. Cap. 26. [A.D. 1837.] An Act for the Amendment of the Laws tvith respect to Wills. Be it enacted by the Queen's most Excellent Majestj', bj* and with, the Advice and Consent of the Lord's Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Words and Expressions herein-after mentioned, which in their ordinary Signification have a more confined or a differ- ent Meaning, shall in this Act, except where the Nature of the Pro- vision or the Context of the Act shall exclude such Construction, be interpreted as follows; (that is to say,) the Word "Will" shall ex- tend to a Testament, and to a Codicil, and to an Appointment by Will or by Writing in the Nature of a Will in exercise of a Power, and also to a Disposition by Will and Testament or Devise of the Custody and Tuition of any Child, by virtue of an Act passed in the Twelfth Year of the Eeign of King Charles the Second, intituled An Act for talcing away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and Purveyance, and for settling a Revenue upon His Majesty in lieu thereof, or by virtue of an Act passed in the Parliament of Ireland in the Fourteenth and Fifteenth Years of the Eeign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and Tenures in capite and by Knights Service, and to any other Testamentary Disposition ; and the Words "Real Estate" shall extend to Manors, Advowsons, Messuages, Lands. Tithes, Rents, and Hereditaments, whether Freehold, Custo- mary Freehold, Tenant Right, Customary or Copyhold, or of any other Digitized by Microsoft® 98 IMPORTANT ENGLISH STATUTES. Tenure, and whether corporeal, incorporeal, or personal, and to any undivided Share thereof, and to anj^ Estate, Eight, or Interest (other than a Chattel Interest) therein; and the Words "Personal Estate" shall extend to Leasehold Estates and other Chattels Real, and also to Monies, Shares of Government and other Funds, Securities for Money (not being Real Estates) , Debts, Choses in Action, Rights, Credits, Goods, and all other Property whatsoever which by Law devolves upon the Executor or Administrator, and to any Share or Interest therein ; and everj' Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing ; and everj' Word importing the Masculine Gender onlj' shall extend and be applied to a Female as well as a Male. II. And be it further enacted. That an Act passed in the Thirtj'- second Year of the Reign of King Henry the . Eighth, intituled The Act of Wills, Wards, and Primer Seisins, whereby a Jlan may devise Two Parts of his Land; and also an Act passed in the Thirtj-'fourth and Thirtj-'fifth Years of the Reign of the said King Henry the Eighth, intituled The Bill concerning the Explanation of Wills; and also an Act passed in the Parliament of Ireland, in the Tenth Year of the Reign of King Charles the Fu-st, intituled An Act how Lands, Tene- 7nents, etc. may he disposed iy Will or otherwise, and concerning Wards and Primer Seisins; and also so much of an Act passed in the Twentj'-ninth Year of the Reign of King Charles the Second, intituled An Act for Prevention of Frauds and Perjuries, and of an Act passed in the Parliament of Ireland in the Seventh Year of the Reign of King William the Third, intituled An Act for Prevention of Frauds and Perjuries, as relates to Devises or Bequests of Lands or Tene- ments, or to the Revocation or Alteration of anj^ Devise in Writing of any Lands, Tenements, or Hereditaments, or an}' Clause thereof, or to the Devise of an}- Estate, pur autre vie, or to any such Estate being Assets, or to Nuncupative Wills, or to the repeal, altering, or chang- ing of any Will in Writing concerning anj- Goods or Chattels or Per- sonal Estate, or anj' Clause, Devise, or Bequest therein ; and also so much of an Act passed in the Fourth and Fifth Years of the Reign of Queen Anne, intituled An Act for the Amendment of the Law and the better Advancement of Justice, and of an Act passed in the Parliament of Ireland in the Sixth Year of the Reign of Queen Anne, intituled An Act for the Amendment of the Lcm, and the better Advancement of Justice, as relates to Witnesses to Nuncupative Wills ; and also so much of an Act passed in the Fourteenth Year of the Reign of King Digitized by Microsoft® A.D. 1837. 99 George the Second, intituled An Act to amend the Law concerning Common Recoveries, and to explain and amend an Act made in the Twenty-ninth Year of the Reign of King Charles the Second, intituled '■An Act for Prevention of Frauds and Perjuries' as relates to Estates pur autre vie; and also an Act passed in the T^ventj'-fifth Tear of the Reign of King George the Second, intituled An Act for avoiding and putting an end to certain Doubts and Questions relating to the Attesta- tion of Wills and Codicils concerning Real Estates in that Part (f Great Britain called England, and in His Majesty's Colonies and Plan- tations in America, except so far as relates to His Majesty's Colonies and Plantations in America; and also an Act passed in the Parlia- ment of Ireland in the same Twent3--fifth Year of the Reign of King George the Second, intituled An Act for the chvoiding and p)utting an end to ceHain Doubts and Q^iestions relating to the Attestations of Wills and Codicils concerning Seed Estates; and also an Act passed in, the Fiftj'-fifth Year of the Reign of King George the Third, intituled An Act to remove certain Difficulties in the Disposition of Copyhold Estates by Will, shall be and the same are herebj' repealed, except so far as the same Acts or any of them respectivelj' relate to anj- Wills or Estates par autre vie to which this Act does not extend. III. And be it further enacted. That it shall be lawful for ever^- Person to devise, bequeath, or dispose of, by his Will executed in manner herein-after required, all Real Estate and all Personal Estate which he shall be entitled to, either at Law or in Equitj-, at the Time of his Death, and which if not so devised, bequeathed, or disposed of would devolve upon the Heir at Law, or Customary Heir of him, or, if he became entitled b}- Descent, of his Ancestor, or upon his Execu- tor or Administrator ; and that the Power herebj' given shall extend to all Real Estate of the Nature of Customary Freehold or Tenant Right, or Customar3^ or Cop3'hold, notwithstanding that the Testator may not have surrendered the same to the Use of his Will, or notwithstanding that, being entitled as Heir, Devisee, or otherwise to be admitted thereto, he shall not have been admitted thereto, or notwithstanding that the same, in consequence of the Want of a Custom to devise or surrender to the Use of a Will or otherwise, could not at Law have been disposed of by Will if this Act had not been made, or notwith- standing that the same, in consequence of there being a Custom that a Will or a Surrender to the Use of a Will should continue in force for a limited Time only", or any other special Custom, could not have been disposed of by Will according to the Power contained in this Act, if Digitized by Microsoft® 100 IMPORTANT ENGLISH STATUTES. this Act had not been made ; and also to Estates pur autre vie, whether there shall or shall not be any special Occupant thereof, and whether the same shall be Freehold, Customarj- Freehold, Tenant Eight, Cus- tomarjr or Copyhold, or of any other Tenure, and whether the same shall be a corporeal or an incorporeal Hereditament ; and also to all contingent, exccutorj', or other future Interests in any Eeal or Per- sonal Estate, whether the Testator may or may not be ascertained as the Person or one of the Persons in whom the same respectivelj' may become vested, and whether he may be entitled thereto under the In- strument by which the same respectiyelj' were created or under anj- Disposition thereof by Deed or Will ; and also to all Eights of Entry for Conditions broken, and other Eights of Entr}- ; and also to such of the same Estates, Interests, and Eights respectivelj', and other Eeal and Personal Estate, as the Testator may be entitled to at the Time of his Death, notwithstanding that he may become entitled to the same subsequently to the Execution of his Will. IV. Provided alwaj's, and be it further enacted, That where any Eeal Estate of the Nature of Customar}- Freehold or Tenant Eight, or Customary or Copj'hold, might, bj' the Custom of the Manor of which the same is holden, have been surrendered to the Use of a WiU, and the Testator shall not have surrendered the same to the Use of his Win, no Person entitled or claiming to be entitled thereto 'bj virtue of such Will shall be entitled to be admitted, except upon Pa^-ment of all such Stamp Duties, Fees, and Sums of Monej' as would have been lawfully due and paj-able in resp)ect of the surrendering of such Eeal Estate to the Use of the Will, or in respect of presenting, registering, or enrolling such Surrender, if the same Eeal Estate had been surren- dered to the Use of the WiU of such Testator : Provided also, that where the Testator was entitled to have been admitted to such Eeal Estate, and might, if he had been admitted thereto, have sm-rendered the same to the Use of his Will, and shall not have been admitted thereto, no Person entitled or claiming to be entitled to such Eeal Estate in consequence of such Will shall be entitled to be admitted to the same Eeal Estate by virtue thereof, except on Paj'ment of aU such Stamp Duties, Fees, Fine, and Sums of Mone}- as would have been lawfully due and paj^able in respect of the Admittance of such Testa- tor to such Eeal Estate, and also of all such Stamp Duties, Fees, and Sums of Monej' as would have been lawfully due and payable in respect of surrendering such Eeal Estate to the Use of the Will, or of presenting, registering, or enrolling such Surrender, had the Testator Digitized by Microsoft® A.D. 1837. 101 been dulj- admitted to sucli Real Estate, and afterwards surrendered the same to the Use of his Will ; all which Stamp Duties, Fees, Fine, or Sums of Money due as aforesaid shall be paid in addition to the Stamp Duties, Fees, Fine, or Sums of Monej' due or payable on the Admittance of such Person so entitled or claiming to be entitled to the same Real Estate as aforesaid. V. And be it further enacted. That when any Real Estate of the Nature of Customary Freehold or Tenant Right, or Customary or Copyhold, shall be disposed of by Will, the Lord of the Manor or re- puted Manor of which such Real Estate is holden, or his Steward, or the Deputy of such Steward, shall cause the Will by which such Dis- position shall be made, or so much thereof as shall contain the Dispo-' sition of such Real Estate, to be entered on the Court Rolls of such Manor or reputed Manor ; and when anj' Trusts are declared by the Will of such Real Estate, it shall not be necessaiy to enter the Declar- ation of such Trusts, but it shall be sufficient to state in the Entrj- on the Court RoHs that such Real Estate is subject to the Trusts declared by such Will ; and when anj- such Real Estate could not have been disposed of bj' Will if this Act had not been made, the same Fine, Heriot, Dues, Duties, and Services shall be paid and rendered hj the Devisee as would have been due from the Customary Heir in case of the Descent of the same Real Estate, and the Lord shall as against the Devisee of such Estate have the same Remedy for recovering and en- forcing such Fine, Heriot, Dues, Duties, and Services as he is now entitled to for recovering and enforcing the same from or against the Customary Heir in case of a Descent. VI. And be it further enacted, That if no Disposition bj^ Will shall be made of anj' Estate jjwr autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets hj Descent, as in the Case of Freehold Land in Fee Simple ; and in case there shall be no special Occupant of a.ny Estate piN- autre vie, whether Freehold or Customary Freehold, Tenant Right, Customary or Copj'hold, or of anj^ other Tenure, and whether a corporeal or incorporeal Hereditament, it shall go to the Executor or Administrator of the Partj' that had the Estate thereof by virtue of the Grant ; and if the same shall come to the Executor or Administrator either by reason of a special Oceupancj- or by virtue of this Act, it shall be Assets in his Hands, and shall go and be applied and distributed in the same Manner as the Personal Estate of the Testator or Intestate, Digitized by Microsoft® 102 IMPORTANT ENGLISH STATUTES. •VII. And be it further enacted, That no Will made by any Person under the Age of Twenty-one Years shall be valid. VIII. Provided also, and be it further enacted. That no "WiU made by any Married Woman shall be valid, except such a Will as might have been made bj- a Married Woman before the passing of this Act. IX. And be it further enacted. That no Will shall be valid unless it shall be in Writing and executed in manner herein-after mentioned ; (that is to sa}',) it shall be signed at the Foot or End thereof by the Testator, or by some other Person in his Presence and bj^ his Direc- tion ; and such Signature shall be made or acknowledged by the Tes- tator in the Presence of Two or more Witnesses present at the same Time, and such Witnesses shall attest and shall subscribe the Will in the Presence of the Testator, but no Form of Attestation shall be necessarj^ X. And be it furtlier enacted, That no Appointment made bj' WiU, in exercise of any Power, shall be valid, unless the same be ex- ecuted in manner herein-before required ; and everj- Will executed in manner herein-before required shall, so far as respects the Execution and Attestation thereof, be a valid Execution of a Power of Appoint- ment by Will, notwithstanding it shall have been expressly required that a Will made in exercise of such Power should be executed with some additional or other Form of Execution or Solemnity. XI. Provided always, and be it further enacted. That any Soldier being in actual Military Service, or anj' Mariner or Seaman being at Sea, maj' dispose of his Personal Estate as he might have clone before the making of this Act. XII. And be it further enacted. That this Act shall not prejudice or affect any of the Provisions contained in an Act passed in the Eleventh Year of the Reign of His Majesty King George the Fourth and the First Year of the Reign of His late Majesty King William the Fourth, intituled An Act to amend and consolidate the Laws relating to the Pay of the Royal Navy, respecting the Wills of Petty Officers and Seamen in the Royal Navj', and Non-commissioned Officers of Ma- rines, and Marines, so far as relates to their Wages, Pay, Prize Monej% Bounty Money, and Allowances, or other Monies payable in respect of Services in Her Majesty's Navj^ XIII. And be it further enacted, That everj' Will executed in manner herein-before required shall be valid without any other Publi- cation thereof. XIV. And be it further enacted. That if any Person who shall Digitized by Microsoft® A.D. 1837. 103 attest the Execution of a "Will shall at the Time of the Execution thereof or at anj^ Time afterwards be incompetent to be admitted a Witness to prove the Execution thereof, such Will shall not on that Account be invalid. XV. And be it farther enacted, That if any Person shall attest the Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacj-, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Paj'ment of any Debt or Debts) , shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be ut- terly null and void, and such Person so attesting shall be admitted as a Witness to prove the Execution of such Will, or to prove the Validity or Invaliditj' thereof, notwithstanding such Devise, Legacy, Estate, Interest, Gift, or Appointment mentioned in such Will. XVI. And be it further enacted. That in case by any Will any Real or Personal Estate shall be charged with SlUJ Debt or Debts, and any Creditor, or the Wife or Husband of anj^ Creditor, whose Debt is so charged, shall attest the Execution of such Will, such Creditor not- withstanding such Charge shall be admitted a Witness to prove the Execution of such Will, or to prove the Validitj' or Invalidity thereof. XVn. And be it further enacted. That no Person shall, on account of his being an Executor of a Will, be incompetent to be admitted a Witness to prove the Execution of such WUl, or a Witness to prove the Validitj^ or Invalidity thereof. XVIII. And be it further enacted. That every WUl made by a Man or Woman shall be revoked bj' his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate therebj' appointed would not in default of such Ap- pointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions) . XIX. And be it further enacted. That no Will shall be revoked by any Presumption of an Intention on the Ground of an Alteration in Circumstances. XX. And be it further enacted. That no Will or Codicil, or any Part thereof, shall be revoked otherwise than as aforesaid, or by another Will or Codicil executed in manner herein-before required, or by some Digitized by Microsoft® 104 IMPORTANT ENGLISH STATUTES. Writing declaring an Intention to revoke the same, and executed in tlie Manner in wliicli a Will is herein-before required to be executed, or by tlie burning, tearing, or otherwise destroying the same by the Testator, or by some Person in his Presence and by his Direction, with the Intention of revoking the same. XXI. And be it further enacted. That no Obliteration, Interlinea- ation, or other Alteration made in any WiU after the Execution thereof shall be valid or have any Effect, except so far as the Words or Effect of the WiU before such Alteration shall not be apparent, unless such Alteration shall be executed in like Manner as herein-before is required for the Execution of the Will ; but the Will, with such Alteration as Part thereof, shall be deemed to be duly executed if the Signature of the Testator and the Subscription of the Witnesses be made in the Margin or on some other Part of the Will opposite or near to such Alteration, or at the Foot or End of or opposite to a Memorandum re- ferring to such Alteration, and written at the End or some other Part of the Will. XXII. And be it further enacted. That no WiU or Codicil, or any Part thereof, which shaU be in any Manner revoked, shall be revived otherwise than by the Re-execution thereof, or by a Codicil executed in manner herein-before required, and showing an Intention to revive the same ; and when anj- Will or CodicU which shall be parti jr revoked, and afterwards whoUj' revoked, shall be revived, such Revival shall not extend to so much thereof as shall have been revoked before the Revocation of the whole thereof, unless an Intention to the contrary shall be shown. XXIII. And be it further enacted. That no Conveyance or other Act made or done subsequently to the Execution of a Will of or relat- ing to any Real or Personal Estate therein comprised, except an Act by which such Will shall be revoked as aforesaid, shall prevent the Operation of the Will with respect to such Estate or Interest in such Real or Personal Estate as the Testator shall have Power to dispose of by WUl at the Time of his Death. XXIV. And be it further enacted, That every Will shaU be con- strued, with reference to the Real Estate and Personal Estate com- prised in it, to speak and take effect as if it had been executed immediately before the Death of the Testator, unless a contraay Inten- tion shall appear by the Will. XXV. And be it further enacted. That, unless a contrary Inten- tion shaU appear by the Will, such Real Estate or Interest therein as Digitized by Microsoft® A.D. 1837. 105 shall be comprised or intended to be comprised in any Devise in such Will contained, which shall fail or be void by reason of the Death of the Devisee in the Lifetime of the Testator, or by reason of such De- vise being contrary to Law, or otherwise incapable of taking effect, shall be included in the Residuary Devise (if any) contained in such Will. XXVI. And be it further enacted. That a Devise of the Land of the Testator, or of the Land of the Testator in any Place or in the Occupation of anj- Person mentioned in his Will, or otherwise de- scribed in a general Manner, and any other general Devise which would describe a Customary, Copyhold, or Leasehold Estate if the Testator had no Freehold Estate which could be described by it, shall be construed to include the Customary, Copj'hold, and Leasehold Estates of the Testator, or his Customary, Copj'hold, and Leasehold Estates, or any of them, to which such Description shall extend, as the Case may be, as well as Freehold Estates, unless a contrary Liten- tion shall appear bj' the Will. XXVII. And be it further enacted, That a general Devise of the Real Estate of the Testator, or of the Real Estate of the Testator in anj' Place or in the Occupation of any Person mentioned in his Will, or otherwise described in a general Manner, shall be construed to in- clude any Real Estate, or any Real Estate to which such Description shall extend (as the Case may be) , which he may have Power to ap- point in anj' Manner he may think proper, and shall operate as an Execution of such Power, unless a contrary Intention shall appear by the WUl ; and in like Manner a Bequest of the Personal Estate of the Testator, or any Bequest of Personal Property described in a general Manner, shall be construed to include anj' Personal Estate, or any Personal Estate to which such Description shall extend (as the Case may be) , which he may have Power to appoint in anj- Manner he may think proper, and shall operate as an Execution of such Power, unless a contrarj^ Intention shall appear by the Will. XXVIII. And be it further enacted, That where any Real Estate shall be devised to any Person without any Words of Limitation, such Devise shall be construed to pass the Fee Simple, or other the whole Estate or Interest which the Testator had Power to dispose of by Will in such Real Estate, unless a contrary Intention shall appear by the Will. XXIX. And be it further enacted. That in any Devise or Bequest of Real or Personal Estate the Words " die without Issue," or " die Digitized by Microsoft® 106 IMPORTANT ENGLISH STATUTES. without leaving Issue," or " have no Issue," or any other Words which may import either a Want or Failure of Issue of any Person in his Lifetime or at the Time of his Death, or an indefinite Failure of his Issue, shall be construed to mean a Want or Failure of Issue in the Lifetime or at the Time of the Death of such Person, and not an indefinite Failure of his Issue, unless a contrar}- Intention shall appear by the Will, bj' reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description required for obtaining a vested Estate by a preceding Gift to such Issue. XXX. And be it further enacted. That where any Real Estate (other than or not being a Presentation to a Church) shall be devised to any Trustee or Executor, such Devise shall be construed to pass the Fee Simple or other the whole Estate or Interest which the Testator had Power to dispose of bj' Will in such Eeal Estate, unless a definite Term of Years, absolute or determinable, or an Estate of Freehold, shall thereby be given to him expressly or by Implication. XXXI. And be it further enacted. That where any Real Estate shall be devised to a Trustee, without anj- express Limitation of the Estate to be taken bj^ such Trustee, and the beneficial Interest in such Eeal Estate, or in the surplus Rents and Profits thereof, shall not be given to any Person for Life, or such beneficial Interest shall be given to any Person for Life, but the Purposes of the Trust may continue beyond the Life of such Person, such Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied. XXXII. And be it further enacted. That where any Person to whom any Real Estate shall be devised for an Estate Tail or an Estate in quasi Entail shall die in the Lifetime of the Testator leaving Issue who would be inheritable under such Entail, and any such Issue shall be living at the Time of the Death of the Testator, such Devise shall not lapse, but shall take effect as if the Death of such Person had hap- pened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will. Digitized by Microsoft® A.D. 1837-1843. 107 XXXni. And be it further enacted, That where any Person being a Child or other Issue of the Testator to whom any Real or Personal Estate shall be devised or bequeathed for any Estate or Interest not determinable at or before the Death of such Person shall die in the Lifetime of the Testator leaving Issue, and anj' such Issue of such Person shall be living at the Time of the Death of the Testator, such Devise or Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Tes- tator, unless a contrary Intention shaU appear by, the Will. XXXIV. And be it further enacted. That this Act shall not extend to an}^ Will made before the First Daj' of January One thousand eight hundred and thirty-eight, and that everj'' Will re-executed or repub- lished, or revived by any Codicil, shall for the Purposes of this Act be deemed to have been made at the Time at which the same shall be so re-executed, republished, or revived ; and that this Act shall not extend to any Estate 'pxir autre, vie of anj' Person who shall die before the First Day of January One thousand eight hundred and thlrtj'- eight. [1 & 2 VICT. Cap. 110. §§ 11, 13, 18, 19. [A.D. 1838.] An Act for extending the Remedy of Creditors against the Property of Debtors.']- [7 & 8 VICT. Cap. 76. [A.D. 1844.] An Act to simplify the Transfer of Property.'] [8 & 9 VICT. Cap. 106. [A.D. 1845.] An Act to amend the Law of Real Property.] 6 & 7 VICT. Cap. 85. [A.D. 1843.] An Act for improving the Law of Evidence. Whereas the Inquiry after Truth in Courts of Justice is often ob- structed by Incapacities created by the present Law, and it is desirable that full Information as to the Facts in Issue, both in Criminal and in Civil Cases, should be laid before the Persons who are appointed to decide upon them, and that such Persons should exercise their Judg- ment on the Credit of the Witnesses adduced and on the Truth of their Testimony : Now therefore be it enacted by the Queen's most Excel- Digitized by Microsoft® 108 IMPORTANT ENGLISH STATUTES. lent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That no Person offered as a Witness shall hereafter be excluded by reason of Incapacity from Crime or Interest from giving Evidence, either in Person or by Deposition, according to the Practice of the Court, on the Trial of any Issue joined, or of any Matter or Question or on any Inquiry arising in any Suit, Action, or Proceeding, Civil oi' Criminal, in any Court, or before any Judge, Jury, Sheriff, Coroner, Magistrate, Officer, or Person having, by Law or by Consent of Parties, Authority to hear, receive, and ex- amine Evidence ; but that every Person so offered may and shall be admitted to give Evidence on Oath, or solemn AfHi-mation in those Cases wherein Affirmation is by Law receivable, notwithstanding that such Person may or shall have an Interest in the Matter in question, or in the Event of the Trial of any Issue, Matter, Question, or Injury, or of the Suit, Action, or Proceeding in which he is offered as a Wit- ness, and notwithstanding that such Person offered as a Witness may have been previouslj' convicted of anj- Crime or Offence : Provided that this Act shall not render competent anj' Partj' to an}- Suit, Action, or Proceeding individuallj- named in the Record, or an}' Lessor of the Plaintiff, or Tenant of Premises sought to be recovered in Ejectment, or the Landlord or other Person in whose Eight any Defendant in Replevin may make Cognizance, or any Person in whose immediate and indi-sddual Behalf any Action may be brought or defended, either wholly or in part, or the Husband or Wife of such Persons respec- tively ; provided also, that this Act shall not repeal any Provision in a certain Act passed in the Session of Parliament holden in the Sev- enth Year of the Reign of His late Majesty and in the First Year of the Reign of Her present Majesty, intituled An Act for the. Amend- ment of the Laws witJi respect to Wills : Provided that in Courts of Equity any Defendant to any Cause pending in any such Court may be examined as a Witness on the Behalf of the Plaintiff or of any Co- defendant in any such Cause, saving just Exceptions ; and that any Interest which such Defendant so to be examined may have in the Matters or any of the Matters in question in the Cause shall not be deemed a just Exception to the Testimony of such Defendant, but shall only be considered as affecting or tending to affect the Credit of such Defendant as a Witness. Digitized by Microsoft® A.D. 1843. 109 Cap. 96. {Lord Campbell's Libel Act.) An Act to amend the Law respecting defamatory Words and Libel. For the better Protection of private Cliaracter, and for more effect- uallj' securing the Liberty of the Press, and for better preventing Abuses in exercising the said Libertj', be it enacted by the Queen's most Ex- ceUent Majesty, by and with the Advice and Consent of the Lords Spu'itual and Temporal, and Commons, in this present Parliament assembled, and bj' the Authority of the same. That in anj' Action for Defamation it shall be lawful for the Defendant (after Notice in Writ- ing of his Intention so to do, dulj' given to the Plaintiff at the Time of filing or delivering the Plea in such Action,) to give in Evidence, in mitigation of Damages, that he made or offered an Apology to the Plaintiff for such Defamation before the Commencement of the Action, or as soon afterwards as he had an Opportunity of doing so, in case the Action shall have been commenced before there was an Opportu- nitj^ of making or offering such Apology. 11. And be it enacted. That in an Action for a Libel contained in any public Newspaper or other periodical Publication it shall be com- petent to the Defendant to plead that such Libel was inserted in such Newspaper or other periodical Publication without actual Malice, and without gross Negligence, and that before the Commencement of the Action, or at the earliest Opportunity afterwards, he inserted in, such Newspaper or other periodical Publication a full Apolog}' for the said Libel, or, if the Newspaper or periodical Publication in which the said Libel appeared should be ordinarily published at Intervals exceeding One Week, had offered to pubKsh the said Apology in any Newspaper or periodical Publication to be selected by the Plaintiff in such Action ; and that everj' such Defendant shall upon filing such Plea be at liberty to pay into Court a Sum of Money b}' way of Amends for the Injury sustained by the PubKcation of such Libel, and such Payment into Coiurt shall be of the same Effect, and be available in the same Man- ner and to the same Extent, and be subject to the same Rules and Regulations as to Payment of Costs and the Form of Pleading, except so far as regards the pleading of the additional Facts herein-before required to be pleaded by such Defendant, as if Actions for Libel had not been excepted from the personal Actions in which it is lawful to pay Money into Court under an Act passed in the Session of Parha- ment held in the Fourth Year of His late Majesty, intituled An Act for Digitized by Microsoft® 110 IMPORTANT ENGLISH STATUTES. the further Antendment of the Law, and the better Advancement of Jus- tice ; and that to such Plea to such Action it shall be competent to the Plaintiff to reply generally, denjing the whole of such Plea. 9 & 10 VICT. Cap. 93. [A.D. 1846.J {Lord Campbell's Act.) An Act for compensating the Families of Persons killed by Accidents. . Whereas no Action at Law is now maintainable against a Person who by his wrongful Act, Neglect, or Default may have caused the Death of another Person, and it is oftentimes right and expedient that the Wrongdoer in such Case should be answerable in Damages for the Injury so caused by him : Be it therefore enacted by the Queen's most Excellent Majestj', bj' and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authoritj' of the same. That whensoever the Death of a Person shall be caused by wrongful Act, Neglect, or De- fault, and the Act, Neglect, or Default is such as would (if Death had not ensued) have entitled the Party injured to maintain an Action and recover Damages in respect thereof, then and in every such Case the Person who would have been liable if Death hath not ensued shall be liable to an Action for Damages, notwithstanding the Death of the Person injured, and although the Death shall have been caused under such Circumstances as amount in Law to Felony. II. And be it enacted. That every such Action shall be for the Benefit of the Wife, Husband, Parent, and Child of the Person whose Death shall have been so caused, and shall be brought by and in the Name of the Executor or Administrator of the Person deceased ; and in everj' such Action the Jurj- may give such Damages as thej- ma}- think proportioned to the Injury resulting from such Death to the Parties respectively for whom and for whose Benefit such Action shall be brought ; and the Amount so recovered, after deducting the Costs not recovered from the Defendant, shall be divided amongst the before- mentioned Parties in such Shares as the Jury by their Verdict shall find and direct. III. Provided always, and be it enacted. That not more than One Action shall lie for and in respect of the same Subject Matter of Com- plaint, and that every such Action shall be commenced within Twelve Calendar Months after the Death of such deceased Person. Digitized by Microsoft® A.D. 1840 -1852. HI 14 & 15 VICT. Cap. 99. [A.D. 1851.] An Act to amend the Law of Evidence. Whereas it is expedient to amend tlie Law of Evidence in divers Particulars : Be it therefore enacted ... as follows ; II. On the Trial of anj' Issue joined, or of anj- Matter of Question, or on any Inquirj' arising in anj- Suit, Action, or other Proceeding in any Court of Justice, or before au}' Person having by Law, or bj^ Con- sent of Parties, Authority to hear, receive, and examine Evidence, the Parties thereto, and the Persons in whose Behalf any such Suit, Action, or other Proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give Evidence, either vivd voce or bj- Deposition, according to the Practice of the Court, on behalf of either or any of the Parties to the said Suit, Action, or other Proceeding. III. But nothing herein contained shall render anj- Person who in any criminal Proceeding is charged with the Commission of any Indictable Offence, or any Offence punishable on Summary Conviction, competent or compellable to give Evidence for or against himself or herself, or shall render way Person compellable to answer any Question tending to criminate himself or herself, or shall in any criminal Pro- ceeding render any Husband competent or compellal^le to give Evi- dence for or against his Wife, or any Wife competent or compellable to give E'^ddence for or against her Husband. rV. Nothing herein contained shall apply to anj- Action, Suit, Proceeding, or Bill in any Court of Common Law, or in any Ecclesias- tical Court, or in either House of Parliament, instituted in conse- quence of Adultery, or to any Action for Breach of Promise of Mar- riage. 15 & 16 VICT. Cap. 24. [A.D. 1852.] {Amending 1. Vict. Cap. 26.) Whereas the Laws with respect to the Execution of Wills require further Amendment: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same (as follows) : I. Where by an Act passed in the First Year of the Eeign of Her Digitized by Microsoft® 112 IMPORTANT ENGLISH STATUTES. Majesty Queen Victoria, intituled An Act for the Amendment of the Laivs loith respect to Wills, it is enacted, that no AVill stiall be valid unless it shall be signed at the Foot or End thereof by the Testator, or by some other Person in his Presence, and by his Direction : Every Will shall, so far only as regards the Position of the Signature of the Testator, or of the Person signing for him as aforesaid, be deemed to be valid within the said Enactment, as explained by this Act, if the Signature shall be so placed at or after, or following, or under, or beside, or opposite to the End of the Will, that it shall be apparent on the Face of the WUl that the Testator intended to give Effect bj' such his Signature to the Writing signed as his Will, and that no such Will shall be affected by the Circumstance that the Signature shall not fol- low or be immediately after the Foot or End of the Will, or by the Cir- cumstance that a blank Space shall intervene between the concluding Word of the Will and the Signature, or by the Circumstance that the Signature shall be placed among the Words of the Testimonium Clause or of the Clause of Attestation, or shall follow or be after or under the Clause of Attestation, either with or without a blank Space interven- ing, or shall follow or be after, or under, or beside the Names or One of the Names of the subscribing Witnesses, or by the Circumstance that the Signature shall be on a Side or Page or other Portion of the Paper or Papers containing the Will whereon no Clause or Paragraph or disposing Part of the Will shall be written above the Signature, or by the Circumstance that there shall appear to be sufficient Space on or at the Bottom of the preceding Side or Page or other Portion of the same Paper on which the Will is written to contain the Signature ; and the Enumeration of the above Circumstances shall not restrict the Generalitj' of the above Enactment ; but no Signature under the said Act or this Act shall be operative to give Effect to anj^ Disposition or Direction which is underneath or which follows it, nor shall it give Effect to &ay Disposition or Direction inserted after the Signature shall be made. II. The Provisions of this Act shall extend and be applied to ever}- Will already made, where Administration or Probate has not alreadj' been granted or ordered bj- a Court of competent Jm'isdiction in con- sequence of the defective Execution of such Will, or where the Prop- erty, not being within the Jurisdiction of the Ecclesiastical Courts, has not been possessed or enjoyed by some Person or Persons claiming to be entitled thereto in consequence of the defective Execution of such Will, or the Eight thereto shall not have been decided to be in some Digitized by Microsoft® A.D. 1854. 113 other Person or Persons than the Persons claiming under the Will, by a Court of competent Jurisdiction, in consequence of the defective Execution of such Will. III. The Word " WUl" shall in the Construction of this Act be interpreted in like Manner as the same is directed to be interpreted under the Provisions in this Behalf contained in tlie said Act of the First Year of the Reign of Her Majestj^ Queen Victoria. rV. This Act maj^ be cited as " The Wills Act Amendment Act 1852." Cap. 76. An Act to amend the Process, Practice, and Mode of Pleading &c. in the Superior Courts of Common Law at Westminster. L. Either Party may object by Demurrer to the Pleading of the opposite Partjr, on the Ground that such Pleading does not set forth sufficient Ground of Action, Defence, or Replj', as the Case maj' be ; and where Issue is joined on such Demurrer, the Court shall jDroceed and give Judgment according as the very Right of the Cause and Matter in Law- shall appear unto them, without regarding saiy Imper- fection, Omission, Defect in or Lack of Form ; and no Judgment shall be arrested, stayed, or reversed for any such Imperfection, Omission, Defect in or Lack of Form. LI. No Pleading shall be deemed insufBcient for any Defect which could heretofore onlj- be objected to by Special Demurrer. LII. If any Pleading be so framed as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Partj^ may applj^ to the Court or a Judge to strike out or amend such Pleading, and the Court or Judge shall make such Order respecting the same, and also respect- ing the Costs of the Application, as such Court or Judge shall see fit. 17 & 18 VICT. Cap. 113. [A.D. 1854.] An Act to amend the Law relating to the Administration of the Estates of deceased Persons^ ' Wliereas it is expedient that the Law whereunder the Real and Personal Assets of deceased Persons are administered should be amended : ' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tempo- ral, and Commons, in this present Parliament assembled, and bj- the Authority of the same, as follows : I. When any Person shall, after the Thirty-first of December One Digitized by Microsoft® 114 IMPORTANT ENGLISH STATUTES. thousand eight hundred and fifty-four, die seised of or entitled to anj' Estate or Interest in any L9,nd or other Hereditaments which shall at the Time of his Death be charged with the Payment of anj' Sum or Sums of Money by way of Mortgage, and such Person shall not, bj^ his WiU. or Deed or other Document, have signified any contrary or other Intention, the Heir or Devisee to whom such Land or Heredita- ments shall descend or be devised shall not be entitled to have the Mortgage Debt discharged or satisfied out of the Personal Estate or any other Real Estate of such Person, but the Laud or Hereditaments so charged shall, as between the different Persons claiming through or under the deceased Person, be primaril}' liable to the Payment of all Mortgage Debts with which the same shall be charged, every Part thereof, according to its Value, bearing a proportionate Part of the Mortgage Debts charged on the whole thereof: Provided always, that nothing herein contained shall affect or diminish any Eight of the Mortgagee on such Lands or Hereditaments to obtain full PajTnent or Satisfaction of his Mortgage Debt either out of the Personal Estate of the Person so djang as aforesaid or otherwise : Provided also, that nothing herein contained shall affect the Rights of anj^ Person claim- ing under or by virtue of any Will, Deed, or Document already made or to be made before the Firs't Day of January One thousand eight hundred and fifty-five. Cap. 125. An Act to amend the Law of Procedure. XXVII. Comparison of a disputed Writing with any Writing proved to the Satisfaction of the Judge to be genuine shall be permit- ted to be made bj^ Witnesses ; and such Writings, and the Evidence of Witnesses respecting the same, may be submitted to the Court and Jury as Evidence of the Genuineness, or otherwise, of the AVriting in dispute. [22 & 23 VICT. Cap. 35. [A.D. 1859.J An Act to further amend the Law of Property., and to relieve Trustees.] 23 & 24 VICT. Cap. 38. [A.D. 1860.J An Act to further amend the Law of Property. VI. Where anj' actual Waiver of the Benefit of any Covenant or Condition in any Lease on the Part of any Lessor, or his Heirs, Ex- Digitized by Microsoft® A.D. 1859-1865. JX5 editors, Administrators, or Assigns, sliall be proved to have talcen place after tlie passing of tliis Act in any one particular Instance, such actual AVaiver shall not be assumed or deemed to extend to any Instance or any Breach of Covenant or Condition other than that to which such Waiver shall specially relate, nor to be a general Waiver of the Benefit of any such Covenant or Condition, unless an Intention to that Effect shall appear. VII. Where by an^- Instrument any Hereditaments have been or shall be limited to Uses, all Uses thereunder, whether expressed or implied by Law, and whether immediate or future, or contingent or executory, or to be declared under any Power therein contained, shall take effect when and as they arise by force of and by relation to the Estate and Seisin originally vested in the Person seised to the Uses, and the continued Existence in him or elsewhere of any Seisin to Uses or Scintilla juris shall not be deemed necessary for the Sup- port of or to give Effect to future or contingent or executorj^ Uses, nor shall any such Seisin to Uses or Scintilla juris be deemed to be sus- pended, or to remain or to subsist in him or elsewhere.* [27 & 28 VICT. Cap. 112. §§ 1, 4. [A.D. 1864.] An Act to amend the Law relating to future Judgments, Statutes, and Recognizances. '\ 28 & 29 VICT. Cap. 86. [A.D. 1865.] (Chief Justice BoviU's Act.) An Act to amend the Laiv of Partnership. Whereas it is expedient to amend the Law relating to Partnership : Be it therefore enacted b}' the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Tempo- ral, and Commons, in this present Parliament assembled, and b}" the Authority of the same, as follows : I. The Advance of Money b3' Way of Loan to a Person engaged or about to engage in any Trade or Undertaking upon a Contract in Writing with such Person that the Lender shall receive a Rate of Interest varj-ing with the Profits, or shall receive a Share of the Profits arising from carrying on such Trade or Undertaking, shall not, * Sec the Act generally on Judgments. Digitized by Microsoft® 116 IMPOIiTANT ENGLISH STATUTES.' of itself, constitute the Lender a Partner with the Person or the Per- sons carrying on such Trade or Undertaking, or render him responsi- ble as such. II. No Contract for the Remuneration of a Servant or Agent of anj' Person engaged in any Trade or Undertaking by a Share of the Profits of such Trade or Undertaking shall, of itself, render such Ser- vant or Agent responsible as a Partner therein, nor give him the Eights of a Partner. III. No Person being the Widow or Child of the deceased Partner of a Trader, and receiving by way of Annuity a Portion of the Profits made by such Trader in his Business, shaU, by reason only of such Receipt, be deemed to be a Partner of or to be subject to any Liabili- ties incurred by such Trader. IV. No Person receiving by wa}^ of Annuity or otherwise a Por- tion of the Profits of any Business, in consideration of the Sale by him of the Goodwill of such Business, shall, by reason only of such Re- ceipt, be deemed to be a Partner of or be subject to the Liabilities of the Person carrying on such Business. V. In the event of any such Trader as aforesaid being adjudged a Bankrupt, or taking the Benefit of any Act for the Relief of Insolvent Debtors, or entering into an Arrangement to pay his Creditors less than Twenty Shillings in the Pound, or dying in insolvent Circum- stances, the Lender of any "such Loan as aforesaid shall not be entitled to recover any Portion of his Principal, or of the Profits or Interest p)aj'able in respect of such Loan, nor shall any such Vendor of a Good- will as aforesaid be entitled to recover any such Profits as aforesaid until the Claims of the other Creditors of the said Trader for valuable Consideration in Money or Money's Worth have been satisfied. VI. In the Construction of this Act the Word "Person" shall include a Partnership Firm, a Joint Stock Comjjanj', and a Corporation. 32 & 33 VICT. Cap. 46. [A.D. 1869. J An Act to abolish the distinction as to priority of payment which now exists between the specialty and simple contract debts of deceased persons. Whereas it is expedient to abolish the distinction as to prioritj'- of payment between specialty and simple contract debts of deceased persons : Be it therefore enacted by the Queen's most Excellent Majesty, by Digitized by Microsoft® A.D. 1869. 117 and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. In the administration of the estate of every person who shall die on or after the first day of January one thousand eight hundred and seventy no debt or liability of such person shall be entitled to any priority or preference hy reason merely that the same is secured bj- or arises under a bond, deed, or other instrument under seal, or is other- wise made or constituted a specialtj' debt ; but all the creditors of such person, as well specialty as simple contract, shall be treated as standing in equal degree, and be paid according^ out of the assets of such deceased person, whether such assets are legal or equitable, any statute or other law to the contrary notwithstanding : Provided always, that this Act shall not prejudice or affect any lien, charge, or other securitj^ which any creditor may hold or be entitled to for the payment of his debt. Cap. 68. An Act for the further Amendment of the Law of Evidence. Whereas the discovery of truth in courts of justice has been sig- nally promoted by the removal of restrictions on the admissibility of witnesses, and it is expedient to amend the law of evidence with the object of still further promoting such discovery : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and bj- the authority of the same, as foUows : I. The fourth section of chapter ninetj^-nine of the statutes passed in the fourteenth and fifteenth years of Her present Majesty, and so much of the second section of The Evidence Amendment Act, 1853, as is contained in the words " or in any proceeding instituted in con- sequence of adultery," are hereby repealed. II. The parties to any action for breach of promise of marriage shall be competent to give evidence in such action : Provided always, that no plaintiff in any action for bi'each of promise of marriage shall recover a verdict unless his or her testimony shall be corroborated by some other material evidence in support of such promise. III. The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be com- petent to give evidence in such proceeding : Provided that no witness in any proceeding, whether a party to the suit or not, shall be liable Digitized by Microsoft® 118 IMPORTANT ENGLISH STATUTES. to be asked or bound to answer any question tending to show that he or she has been guilty of adulterjs unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery. IV. If any person called to give evidence in any court of justice, whether in a civil or criminal proceeding, shall object to take an oath, or shall be objected to as incompetent to take an oath, such person shall, if the presiding judge is satisfied that the taking of an oath would have no binding effect on his conscience, make the following promise and declaration : ' I solemnly promise and declare that the evidence given by me to the court shall be the truth, the whole truth, and nothing but the truth.' And any person who, having made such promise and declaration, shall wilfully and corruptly give false evidence, shall be liable to be indicted, tried, and convicted for perjury as if he had taken an oath.* 37 & 38 VICT. Cap. 37. [A.D. 1874.] An Act to alter and amend the Law as to Appointments under powers not exclusive. Whereas bj^ deeds, wills, and other instruments, powers are fre- quently given to appoint real and personal property amongst several objects in such manner that no one of the objects of the power can be excluded, or some one or more of the objects of the power cannot be excluded by the donee of the power from a share of such property, but without requiring a substantial share of such property to be given to each object of the power, or to each object of the power who cannot be excluded : And whereas instruments intended to operate as executions of such powers are frequently invalid in consequence of the donee of the power appointing in favour of some one or more of the objects of the power to the exclusion of the other or others, or some other or others of such objects, and it is expedient to amend the law so as to prevent such intended appointments failing : Be it therefore enacted bj' the Queen's most Excellent Majest3', by ajid with the advice and consent of the Lords Spiritual and Temporal, * For a full list of Statutes bearing on the subject of Evidence, see Stephen, Dig. of the Law of Evid., Note xlviii. Digitized by Microsoft® A.D. 1870-1874. 119 and Commons, in this present Parliament assembled, and by the au- thoritjr of the same, as follows : I. That no appointment, which from and after the passing of this Act shall be made in exercise of anj' power to appoint any property real or personal amongst several objects, shall be invalid at law or in equity on the ground that any object of such power has been alto- gether excluded, but every such appointment shall be valid and effect- ual notwithstanding that anj' one or more of the objects shall not thereby or in default of appointment take a share or shares of the property subject to such power. II. Provided always, and be it enacted, that nothing in this Act contained shaU prejudice or affect any provision in any deed, will, or other instrument creating any power, which shall declare the amount or the share or shares from which no object of the power shall be ex- cluded, or some one or more object or objects of the power shall not be excluded. STATUTES OF MASSACHUSETTS, 1870. Chapter 393. An Act in relation to Witnesses. I. No person of sufficient understanding shall be excluded from giving evidence as a witness in anj' proceeding, civil or criminal, in court or before a person having authority to receive evidence, except in the following cases : — First. Neither husband nor wife shall be allowed to testify as to private conversation with each other. Second. Neither husband nor wife shall be compelled to be a wit- ness on any trial upon an indictment, complaint or other criminal pro- ceeding, against the other. TJiird. In the trial of all indictments, complaints and other pro- ceedings against persons charged with the commission of crimes or offences, the person so charged shall, at his own request, but not oth» erwise, be deemed a competent witness ; and his neglect or refusal to testify shall not create any presumption against him. II. Nothing in this act contained shall apply to the attesting wit- nesses to a will or codicil. III. The conviction of a witness of any crime may be shown, to affect his credibility. Digitized by Microsoft® 120 IMPOliTANT ENGLISH STATUTES. IV. A party to a cause, who shall call the adverse party as a wit- ness, shall be allowed the same liberty in the examination of such witness, as is now allowed upon cross-examination. REV. STATS. MAINE. [A.D. 1871. j Chapter 82. Witnesses and Evidences. § 81. No person shall be deemed an incompetent witness on ac- count of his religious belief, but shall be subject to the test of credi- bility ; and anj^ person who does not beUeve in the existence of a Supreme Being, shall be permitted to testify under solemn affirmation, and shall be subject to all the pains and penalties of perjury. § 82. No person shall be excused or excluded from being a witness in any civil suit or proceeding at law, or in equity, by reason of his interest in the event thereof as party or otherwise, except as is herein- after provided, but such interest may be shown for the purpose of affecting his credibility ; and the husband or wife of either party may be a witness when either is called to testify with the consent of the other. § 83. No defendant shall be compelled to testify in any suit, when the cause of action implies an offence against the criminal law, on his part. If he offers himself as a witness, he waives his privilege of not criminating himself, but his testimony shall not be used in evidence against him in any criminal prosecution involving the same subject matter. § 84. Nothing in section eightj'-two shall in any manner affect the law relating to the attestation of the execiition of last wills and testa- ments, or of any other instrument, which by law is required to be attested. § 86. When one of the plaintiffs or defendants is used as a wit- ness by the opposite party, testimony may be introduced by his co- plaintiffs, or co-defendants to contradict or discredit him, as if he was not a part}'' to the suit. § 94. No person shall be incompetent to testify in any court or legal proceeding, in consequence of having been convicted of a crimi- nal offence ; but such conviction may be shown to affect his credibUitj'. Digitized by Microsoft® HILARY RULES. 121 HILARY RULES.* Adopted by the' Judges of the Superior Courts of Common Law at Westminster and promulgated in Hilary Term, 4 William IV. [1833] in conformity with the Statute of 3 & 4 William IV. Cap. 42, § 1. Pleadings in Pakticdlae Actions. I. — Assumpsit, 1. In all actions of assumpsit, except on bills of exchange and promissory notes, tlie plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be im- plied by law. Ex. gr. In an action on a warranty, the plea will operate as a denial of the fact of the warranty having been given upon the alleged consideration, but not of the breach ; and in an action on a policy of insurance, of the subscription to the alleged pohcy by the defendant, but not of the interest, of the commencement of the risk, of the loss, or of the alleged compliance with warranties. In actions against carriers and other bailees, for not delivering or not keeping goods safe, or not returning them on request, and in actions against agents for not accounting, the plea will operate as a denial of any express contract to the effect alleged in the declaration, and of such bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit, for goods sold and delivered, the plea of non assumpit will operate as a denial of the sale and deliv- ery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of the money and the exis- tence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible. In such actions, there- * General Rules amd Regulations, — Several counts shall not be allowed, unless a dis- tinct subject-matter of complaint is intended to be established in respect of each: nor shall several pleas, or avowries, or cognizances, be allowed, unless a distinct ground of answer or defence is intended to be established in respect of each. Therefore, counts founded on one and the same principal matter of complaint, but varied in statement, description, or circumstances only, are not to be allowed. The rule which forbids the use of several counts is not to be considered as precluding the plaintiff from alleging more breaches than one of the same contract, in the same count. Digitized by Microsoft® 122 IMPORTANT ENGLISH STATUTES. fore, a plea in denial must traverse some matter of fact; ex. gr., the drawing, or making, or indorsing, or accepting, or presenting, or notice of dishonor of the bill or note. 3. In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be speciallj' pleaded ; ex. gr., infancy, coverture, release, paj-ment, performance, illegality of consideration either by statute or common law, drawing, indorsing, accepting, &c., bills or notes by way of accommodation. Set-off, mu- tual credit, unseaworthiness, misrepresentation, concealment, devi- ation, and various other defences, must be pleaded. 4. In actions on policies of assurance the interest of the assured may be averred thus: — "That A., B., C, & D., [or, some or one of them, J were or was interested,'' &c. And it may also be averred, "that the insurance was made for the use and benefit, and on the account, of the person or persons so interested." II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact onlj', and all other defences shall be specia% pleaded, including mat- ters which make the deed absolutelj^ void, as well as those which make it voidable. 2. The plea of " ?itZ debet" shall not be allowed in any action. 3. In actions of debt on simple contract, other than on bills of exchange and promissory notes, the defendant may plead that ' ' he never was indebted in manner and form as in the declaration alleged," and such pl^a shall have the same operation as the plea of non assumpsit in indebitatus assumpsit; and all matters in confession and avoidance shall be pleaded specially as above directed in actions of assumpsit. 4. In other actions of debt, in which the plea of nil debet has been hitherto allowed, including those on bills of exchange and promissory notes, the defendant shall deny specifically, some particular matter of fact alleged in the declaration, or plead specially in confession and avoidance. III. — Detinue. The plea oi non detinet shall operate as a denial of the detention of the goods by the defendant, but not of the plaintiff''s property therein, Digitized by Microsoft® HILARY RULES. 123 and no othei' defence than such denial shall be admissible under that plea. IV. — In Case. 1. In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the induce- ment, and no other defence than such denial shall be admissible under that plea : all other pleas in denial shall take issue on some particular matter of fact alleged in the declaration. Ex. gr. In an action on the case for a nuisance to the occupation of a house bj' carrying on an offensive trade, the plea of not guilty will operate as a denial onlj^ that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house, and win not operate as a denial of the plaintiff's occupation of the house. In an action on the case, for obstructing a right of waj-, such plea will operate as a denial of the obstruction onlj^, and not of the plaintiff's right of waj'' ; and in an action for converting the plaintiff's goods, the conversion only, and not the plaintiff's title to the goods. In an action of slander of the plaintiff in his office, profession or trade, the plea of not guilty will operate to the same extent precisely as at present in denial of speaking the words, of speaking them ma- liciously, and in the sense imputed, and with reference to the plaintiff's office, profession or trade, but it wiU not operate as a denial of the fact of the plaintiff holding the office or being of the profession or trade alleged. In actions for an escape, it will operate as a denial of the neglect or default of the sheriflF or his officers, but not of the debt, judgment or preliminary proceedings. In this form of action against a carrier the plea of not guilty will operate as a denial of the loss or damage, but not of the receipt of the goods bj' the defendant as a car- rier for hire, or of the purpose for which thej' were received. 2. All matters in confession and avoidance shall be pleaded spe- cially, as in actions of assumpsit. V. — In Trespass. 1. In actions of trespass qiiare clausum fregit, the close or place in which, &c. must be designated in the declaration hj name or abut- tals or other description, in failure whereof the defendant may demur specially. 2. In actions of trespass quai-e clausum /regit, the plea of not Digitized by Microsoft® 124 IMPOETANT ENGLISH STATUTES. guilty shall operate as a denial that the defendant committed the tres- pass alleged in the place mentioned, but not as a denial of the plain- tiff's possession, or right of possession of that place, which, if intended to be denied, must be traversed specially. 3. In actions of trespass de bonis asportatis, the plea of not guilty shall operate as a denial of the defendant having committed the tres- pass alleged by taking or damaging the goods mentioned, but not of the plaintiff's property therein. 4. Where, in an action of trespass quare clausum fregit, the de- fendant pleads a right of waj' with carriages and cattle and on foot in the same plea, and issue is taken thereon, the plea shall be taken dis- tributively ; and if a right of way with cattle, or on foot only, shall be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of way so found ; and for the plaintiff in respect of such of the trespasses as shall not be so justified. 5. And where, in an action of trespass quare clausum fregit, the defendant pleads a right of common of pasture for divers kinds of cattle, ex. g'r., horses, sheep, oxen and cows, and issue is taken thereon, if a right of common for some particular kind of commonable cattle only be found by the jury, a verdict shall pass for the defendant in respect of such of the trespasses proved as shall be justified by the right of common so found ; and for the plaintiff in respect of the trespasses which shall not be so justified. 6. And in all actions in which such right of way or common as aforesaid, or other similar right, is so pleaded that the allegations as to the extent of the right are capable of being construed distributively, they shall be taken distributively. Digitized by Microsoft® Ili^DEX. Abatement of suit by death of party, one year allowed in whicli to renew, 36. Action, limitation of possessory, for own, or ancestor's disseisin, 33 ; of trespass qtiare clausum, trover, replevin, &c., must be brought within six years, 56; of assault, battery, &c., within four years, and of slander within two years, 56; barred by nonsuit, in case of issue joined on plea of dis- claimer, 57 ; of account brought against executors of guardians, receiv- ers, joint tenants, &c., 78; on the case granted for use and occupation of lands, 81. Administrators, appointment of, 17, 21 ; bonds, and duties of, 62 ; not chargeable on any special promise unless in writing, 66 ; husbands may claim to be named, of wives' estates, 70; not cited to render accounts unless on demand of interested parties, 71. Alienation of lands shall not be to the prejudice of the lord of the fee, 7; by tenant by courtesy with warranty, no bar to heir without assets, 10; of part of a fee causes apportionment of services, 15 ; fines for, reserved to the crown, 32 ; fines for, abolished, 58. Attach, lords may, the bodies of defaulting bailiffs to compel an account, 8. Attaint may be had for false verdicts, 36. Attornment of tenants unnecessary, 77 ; of tenants to strangers, void, 81. Bargains and Sales must be inroUed within six months after date, 28. Bastard, he is a, who is born before matrimony, 8. Benefit of Clergy, those having, shall not depart from the Ordinary when convict of felony without purgation, 9. Choses in Action are non-assignable, 37. Contract for sale of goods, &c., not good, unless partly performed, or in writing, &c., 68. Conveyances made during Commonwealth, held to be made of estates in socage, 59 ; of estates in land must be registered, 79. Costs, Wo more costs than damages in petty suits, 53 ; or in suits for slander where damages are less than 40s., 57 ; or in suits for assault and battery where the judge does not certify, 62 ; may be given, after demurrer to one of several pleas, 77 ; executors liable to pay, as though suing per- sonally, 96. Damages shall be paid for waste by fennors, 9; no more costs thsLn, 53, 57, 62; given to the families of persons killed by accidents, 110. Digitized by Microsoft® 126 INDEX. De Donis, statute of, creates estates tail, forbids tlieir alienation, and provides for their recovery, 11. Defamation, in action for, apology may be proved to mitigate damages, 109. Demurrers, after joinder in, judgment given as to very right of the cause, 52, 76, 113 ; special, abolished, 113. Disseisin, if disseisor die, and his heir continue, entry may still be made, 41. Distribvition of money allowed to be made by those in in extremis, 7 ; of money of in- testates by view of the church or by nearest relatives, 7; of surplus of intestates estate, 7, 64, 94; father being dead, mother, brothers and sisters talie equal shares of estate of Intestate brother, 71 ; of proceeds of estates j)M?' autre vie to be like that of personalty, 101. Embezzlement, clerks or servants guilty of, liable to transportation, 88. Entry on lands must be lawful and peaceable, 18 ; by, widow can regain estates of which husband levied a fine, 40. Evidence, statutes of, 90, 107, 111, 114, 117, 119, 120. Executors shall have a writ of accompt, 14 ; shall have an action against tres- passers, 16, 95 ; of executors, duties of, 17j a part of, may sell lands, 19 ;_ may recover arrearages of rent, 43 ; of their own wrong, liable, 54, 70 ;' not personally chargeable on special promises not in writing, 66 ; if no heirs, take estates pur autre vie as special occupants, 68, 83 ; may collect proportional rent due by sub-tenant on death of life-tenant, 81, 96; held to be trustees of any undistributed residue in their hands, 93 ; compe- tent witnesses as to execution of the will, 103 ; actions for damages for loss of life, brought in name of, 110. Formedon, nature and form of writs of, 13 ; limitation of time in which writs of, can be sued, 83, 55. Frauds, statute of, requiring writing in certain cases, 65-70 ; extended to execu- tory contracts of sale, 92, 93. Fraudulent, statute of, conveyances, provides penalty for, 47-49; statute of, devises, provides remedy against devisees, 72, 73. Guardian, appointed by deed or will by father, for child, 60 ; to have full custody of child, and estates till majority, 61. Heir takes estates pur autre vie as special occupant, 68 ; action lies against, who disposes of estates of inheritance upon which creditor has prior encumbrances, 74; may plead in such case riensper descent, 74. Hilary Rules, of pleadings in particular actions, 121-124. Illusory Appointments, statute as to, 94. Inrollments, statute of, 27. Jeofails, statutes of, 49, 76. Knights-service, those holding by, in capite allowed to devise two thirds of lands, 31 ; tenure by, abolished, 58. Digitized by Microsoft® INDEX. 127 Lands shah not be aliened to prejudice lord of the fee, 7; proceeds from sale of, ordered by will, not personal assets, 22. Leases for short terms, binding on wife, heirs, &c., when made by tenant in tall, courtesy, &c., 3D ; wife to join in making and sealing, of her estates of inheritance, 40; estates, interests of freehold, or terms of years, not evidenced by writing to have force of leases or estates at will only, 65 ; not exceeding three years excepted, 66. Limitation, statutes of, 10, 32, 54 ; persons under disability excepted out of statutes of, 35, 57 ; verbal promise to pay a barred debt not enough to take out from statute of, 91. Mortgages, fraudulent, void, 51 ; parties in interest shall contribute to pay off, after death of mortgagor, 114. Mortmain, statutes of, 8, 16. Murder, no benefit of clergy to those committing, save to those In orders, 18. Novel Disseisin, writ of, granted to one who has been ejected from lands held in elegit, 14. Ordinary, to pay debts of intestate like executor, 14; to grant administration to next of kin, 17, 21; to require administrator to give bond, 62; shall grant administration cum testamento annexo as heretofore, 65. Partnersliip, act as to, 115; receipt by lender, agent, widow of deceased partner, an- nuitant, or servant, of part profits, does not make them members of, 116. Pleas, several matters may be pleaded in defence by leave of court, 77. Poor, parents, grandparents, and children assessed by justice of peace for the support of, 53. Posthumous children enabled to take estates as though born in father's lifetime, 75. PoTvers, appointments under, not invalid on the ground of exclusion of part of the objects of, 118. Prescription, claim of, not necessarily to date back more than sixty years, 33. Pretenses, statute of false, 87; person obtaining money under false, deemed offen- der against the peace, 87. Quia Emptores, statute of, 15. Kent, avowry for, not to be made after fifty years, 33 ; of wife's' estates of in- heritance not to be granted beyond husband's life unless by fine in which she joins, 40 ; in arrear on wife's estate after her 'death may be distrained for by husband or his executor, 45 ; in arrear on life estates may be sued for as though on estates for years, 80; due from tenants at will, &c., holding over, may be distrained for, 80 ; right of distress made incident to rents seek, of assize, &c., 80. Reversion, in case of grant of, the grantees have right to enforce conditions, 42; and the particular tenants ha^'e remedy for breach of covenant against such grantee, 43. Socage, those holding in, allowed to dispose by will of all lands, 31 ; tenure by free and common, made universal, 58, 59. Digitized by Microsoft® ] 28 INDEX. Specialty debts of deceased persons not to have priority of payment over simple contract debts, 116. Trusts, declaration of, must be in veriting, 67 ; unless raised by implication of law, 67: estates subject to execution, 68; estates taken by descent are assets charged with ancestor's obligation, 68 ; funds not allowed to ac- cumulate beyond time limited, 89; interpretation of, when made by will, 106. Uses, statute of, 23 ; every person to whose use another stands seized of estates, shall be deemed seized thereof himself, 24 ; and shall have remedies like those before had by the feoffee to uses, 27; continued existence of any scintilla juris is unnecessary to give effect to springing uses, 115. Waiver of one breach of a covenant not to be deemed to extend to others, 115. Wardships, liveries, primer seisins, &c., abolished, 58. Warranty, by what words in feoffment, feoflbr bound to, 10 ; by tenant for life void as to reversioner, 78 ; by ancestor having no estate of inheritance void as to heir, 78. Waste, fermors shall not commit, 9 WiU shall be construed as before stat. of uses, 26 ; tenants in socage may convey estates by, 31 ; tenants by knights-service in capite may convey two-thirds of estates by, 31; tenants in fee not holding of king may dis- pose of estates by, 46 ; made by any woman covert, minor, idiot, or insane, not good, 47, 102; must be in writing, signed, &c., 66; not revocable save by new will or codicil, 66, 104; cancelled by burning, tearing, obliterating, 67 ; nuncupative, void unless made in terms of statute, 69 ; witness beneficially interested, having attested, can claim no benefit, 85; statutes of wills, 97-111; all real and personal estates may be devised by, including legal, equitable and copyhold estates, 97; is revoked by subsequent marriage, 103; real estate failing to go as devise, falls into the residue, 105 ; real estate devised by, without words of limitation, passes in fee, 105 ; words in a, importing want or failure of issue are construed to mean failure during lifetime of testator, 106 ; an estate tall as legacy shall not lapse if legatee leave issue competent to take, 106. Witness beneficially interested in a will cannot attest unless he relinquishes claim, 84; cannot refuse to testify because he may subject himself to a civil suit, 90; incompetency of witness to prove execution does not in- validate will, 103; not excluded by reason of incapacity from crime, 108 ; husbands, wives, or parties to suit, not made competent, 108, 111, 117; rules as to incompetency as established in Maine and Massachusetts, 119, 120. Writing required by statute of frauds, 65-70 ; required to confirm debts con- tracted in infancy, or to bind one to any assurance of the credit of another, 92. Writs of entry sur disseisin in the post provided, 9 ; of entry, novel disseisin, &c, limited as to prescription, 10; of waste, granted against tenants by courtesy dower, for life, &c., 11; of formedon, granted, 13; of fieri facias, allowed him recovering a debt, 14 ; of elegit, granted, 14 ; pro- vision made for new, 15 ; of partition, granted to tenants in common, &c., 28; of right, not granted to aid recovery of estates of which there has been no seisin within sixty years, 33. Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® ■1^