Page images

from the incum


tenements, rectories, tithes, rents, or other hereditaments, of such estate as they be seised of in trust for him at the time of the said execution sued, (2) which And held free lands, tenements, rectories, tithes, rents and other brances of the hereditaments, by force and virtue of such execution, persons seised in shall accordingly be held and enjoyed, freed and discharged from all incumbrances 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 any cestuy que trust hereafter shall Trust shall be die, leaving a trust in fee-simple to descend to his heir, there, and in every 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 obligation of his ancestors for and by reason of such assets, as fully and amply as he might or ought to have been, if the estate in law had descended to him in possession in like manner as the trust descended; any law, custom, or usage, to the contrary in any wise notwithstanding.

assets in the

hands of heirs.

become charge

able of his own


XI. Provided always, that no heir that shall become No heir shall by chargeable by reason of any estate or trust made reason thereof assets in his hands by this law, shall by reason of any kind of plea, or confession of the action, or suffering judgment by nient dedire or any 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 by 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 contrary notwithstanding.

XII. And for the amendment of the law in the Estates pur aud particulars following, (2) be it further enacted by the vie shall be de authority aforesaid, That from henceforth any estate


[ocr errors]
[blocks in formation]

The day of signing any judgment shall be entered on the margent of the


This claufe ex

XIV. Be it enacted by the authority aforesaid, That, from and after the said four and twentieth day of June, any judge or officer of any of his Majesty's Courts of Westminster, that shall sign any judgments, tends to counties shall at the signing of the same, without fee for doing the same, set down the day of the month and year of his so doing, upon the paper, book, docket, or record, which he shall sign; which day of the month and year shall be also entered upon the margent of the roll of the record where the said judgment shall be entered.

palatine, by 8 Geo. 1.c.25.8.6.

pur auter vie shall be devisable by a will in writing, signed by the party so devising the same, or by some other person in his presence, and by his express directions, attested and subscribed in the presence of the devisor by three or more witnesses; (3) and if no such devise thereof be made, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of a special occupancy, as assets by descent, as in case of lands in fee-simple, (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 by virtue of the grant, and shall be assets in their hands.

relate to such time only.

XIII. And whereas it hath been found mischievous, that judgments in the King's Courts at Westminster, do many times relate to the first day of the term whereof they are entered, or to the day of the return of the original, or filing the bail, and bind the defendant's lands from that time, although in truth they were acknowledged, or suffered and signed in the vacation-time after the said term, whereby many times purchasers find themselves aggrieved.

And such judg

ments as

XV. And be it enacted, That such judgments as purchasers shall against purchasers bona fide for valuable consideration of lands, tenements, or hereditaments, to be

charged thereby, shall, in consideration of law, be judgments only from such time as they shall be so signed, and shall not relate to the first day of the term whereof they are entered, or the day of the return of the original, or filing the bail; any law, usage, or course of any court to the contrary notwithstanding.

tion shall bind

the time of their

XVI. And be it further enacted by the authority Writs of execu aforesaid, That, from and after the said four and the property of twentieth day of June, no writ of fieri facias, or other goods but from writ of execution, shall bind the property of the delivery to the goods against whom such writ of execution is sued officer. forth, but from the time that such writ shall be delivered to the sheriff, under-sheriff, or coroners, to be executed and for the better manifestation of the said time, the sheriff, under-sheriff, and coroners, their deputies and agents, shall upon the receipt of any such writ, (without fee for doing the same) endorse upon the back thereof, the day of the month or year whereon he or they received the same.

sales of goods for

XVII. And be it further enacted by the authority Contracts for aforesaid, That, from and after the said four and ten pounds or twentieth day of June, no contract for the sale of any more. 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 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 a contract, or their agents thereunto lawfully authorised.

enrolment of

XVIII. And be it further enacted by the authority The day of the aforesaid, That the day of the month and year of the enrolment of the recognizances, shall be set down in the margent of the roll where the said recognizances in the hands of

Recognizances shall be set

down; and lands

purchasers are enrolled; (2) and that from and after the said bound from that four and twentieth day, of June, no recognizance

sime only.

shall bind any lands, tenements, or hereditaments, in the hands of any purchaser bona fide, and for valuable consideration, but from the time of such enrolment; any law, usage, or course of any court to the contrary in any wise notwithstanding.

Nunenpative wills.


XIX. And for prevention of fraudulent practices, in setting up nuncupative wills, which have been the occasion of much perjury, (2) be it enacted by the authority aforesaid, That, from and after the aforesaid 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; Explained by 4 (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 their habitation or dwelling, or where he or she hath been resident for the space of ten days, or more, next before the making of such will, except where such person was surprised 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 testimory 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 Probates of nun. cupative wills. testamentary, or probate of any nuncupative will, shall pass the seal of any court, till fourteen days at the least after the decease of the testator be fully expired; (2) nor shall any nuncupative will be at any 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 they may contest the same, if they please.

XXI. And be it further enacted, That no will in writing concerning any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise, or bequest, therein, be altered or changed by any words, or will by word of mouth only, except the same be in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least.

mariners' wills

XXIII. Provided always, That notwithstanding this Soldiers' and act, any soldier being in actual military service, or excepted. any 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.

of courts saved.

XXIV. And it is hereby declared, That nothing in The jurisdiction 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 Archbishop 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.

22 & 23 C. 2. c.

10. husbands not

XXV. And for the explaining one act of this present Parliament, intituled, "An Act for the better compellable to

« ՆախորդըՇարունակել »