« PreviousContinue »
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 possession 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 executed to them, by such as were or shall be seised 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 persons as have, or hereafter shall have, any 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 bailiffs or servants make conisances and justifications, (3) and have all 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 conditions, pains, or other things limited and appointed, upon the trust and intent for payment or surety of such rent.
VI. And be it further enacted by the authority aforesaid, That whereas divers persons have purchased, or have estate made and convered of and in divers lands, tenements and hereditaments unto them and to their wives, and to the heirs of the husband, or to the husband and to the wife, and to the heirs of their two bodies begotten, or to the heirs of one of their bodies begotten, or to the husband and to the wife for term of their lives, or for term of life of the said wife ; (2) or where any such estate or purchase of any lands, tenements, or hereditaments, hath been or hereafter shall be made to any husband and to his wife, in manner and form expressed, or to any other person or persons, and to their heirs and assigns, to the use and behoof of the said husband and wife, or to the use of the wife, as is before rehearsed, for the jointer of the wife ; (3) that then in every such case, every woman married, having such jointer made or hereafter to be made, shall not claim, nor have title to have any dower of the residue of the lands, tenements or hereditaments, that at any time were her said husband's, by whom she hath any such jointer, nor shall demand nor claim her dower of and against them that have the lands and inheritances of her said husband ; (4) but if she have no such jointer, then she shall be admitted and enabled to pursue, have and demand her dower by writ of dower, after the due course and order of the common laws of this realm ; this Act, or any law or provision made to the contrary thereof notwithstanding.
VII. Provided alway, That if any such woman be lawfully expulsed or evicted from her said jointer, or from any part thereof, without any
fraud or covin, by lawful entry, action, or by discontinuance of her husband, then every such woman shall be endowed of as much of the residue of her husband's tenements or hereditaments, whereof she was before dowable, as the same lands and tenements so evicted and
expulsed shall amount or extend unto. dies VIII. Provided also, That this Act, nor any thing therein contained
or expressed, extend or be in any wise hurtful or prejudicial to any woman or women heretofore being married, of, for or concerning such right, title, use, interest or possession, as they or any of them have, claim or pretend to have for her or their jointer or dower, of, in or to any manors, lands, tenements, or other hereditaments of any of their late husbands, being now dead or deceased ; any thing contained in this Act to the contrary notwithstanding.
IX. Provided also, That if any wife have, or hereafter shall have any manors, lands, tenements or hereditaments unto her given and assured after marriage, for term of her life, or otherwise in jointer, except the same assurance be to her made by act of parliament, and the said wife after that fortune to overlive her said husband, in whose time the said jointer was made or assured unto her, that then the same wife so overliving shall and may at her liberty, after the death of her said husband, refuse to have and take the lands and tenements so to her given, appointed or assured during the coverture, for term of her life, or otherwise in jointer, except the same assurance be to her made by act of parliament, as is aforesaid, (2) and thereupon to have, ask, demand and take her dower by writ of dower or otherwise, according to the common law, of and in all such lands, tenements and hereditaments as her husband was and stood seised of any state of inheritance at any time during the coverture, anything contained in this Act to the contrary thereof notwithstanding.
X. Provided also, That this present Act, or anything herein contained, extend nor be at any time hereafter interpreted, expounded or taken, to extinct, release, discharge or suspend any Statute, recognizances or other bond, by the execution of any estate, of or in any lands, tenements or hereditaments, by the authority of this Act, to any person or persons, or bodies politic; any thing contained in this Act to the contrary thereof notwithstanding.
XI. And forasmuch as great ambiguities and doubts may arise of the validity and invalidity of wills heretofore made of any lands, tenements and hereditaments, to the great trouble of the King's subjects; (2) the King's most royal Majesty minding the tranquillity and rest of his loving subjects, of his most excellent and accustomed goodness is pleased and contented that it be enacted by the authority of this present Parliament, That all manner true and just wills and testaments heretofore made by any person or persons deceased, or that shall decease before the first day of May, that sball be in the year of our Lord God 1536, of any lands, tenements or other hereditaments, shall be taken and accepted good and effectual in the law, after such fashion, manner and
form as they were commonly taken and used at any time within forty years next afore the making of this Act; any thing contained in this Act, or in the preamble thereof, or any opinion of the common law to the contrary thereof notwithstanding.
XII. Provided always, That the King's Highness shall not have, demand or take any advantage or profit, for, or by occasion of the executing of any estate, only by authority of this Act, to any person or persons, or bodies politic, which now have, or on this side the said first day of May, which shall be in the year of our Lord God 1536, shall have any use or uses, trusts or confidences in any manors, lands, tenements 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 le mains shall be used for uses, trusts and confidences to be made and executed in possession by authority of this Act, after and from the said first day 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.
XIII. Provided also, That no other person or persons, or bodies politick, of whom any lands, tenements or hereditaments be or hereafter 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 politic, before the said first day of May, which shall be in the year of our Lord God 1536.
XIV. And be it enacted by authority aforesaid, That all and singular person and persons, and bodies politic, 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, remedy, commodity and profit by action, entry, condition or otherwise, to all intents, constructions and purposes, as the person or persons seised to their use of or in any such lands, tenements or hereditaments so executed, had, should, might or ought to have had at the time of the execution of the estate thereof, by the authority of this Act, against any other person or persons, or for any waste, disseisin, trespass, condition broken, or any other offence, cause or thing concerning or touching the said lands or tenements so executed by the authority of this Act.
XV. Provided also, and be it enacted by the authority aforesaid, That actions now depending against any person or persons seised of or in any lands, tenements or hereditaments, to any use, trust or confidence, shall not abate ne be discharged for or by reason of executing of any estate thereof by authority of this Act, before the said first day of May,
which shall be in the year of our Lord God 1536, any thing contained in this Act to the contrary notwithstanding.
XVI. Provided also, That this Act, nor any thing therein contained, shall not be prejudicial to the King's Highness for wardships of heirs now being within age, nor for liveries, or for ouster le mains, to be sued by any person or persons now being within age, or of full age, of any lands or tenements unto the same heir or heirs now already descended ; any thing in this Act contained to contrary notwithstanding.
XVII. Provided also, and be it enacted by the authority aforesaid, That all and singular recognizances heretofore knowledged, taken or made to the King's use, for or concerning any recoveries of any lands, tenements or hereditaments heretofore sued or had, by writ or writs of entry upon disseisin in le post, shall from henceforth be utterly void and of none effect, to all intents, constructions and purposes.
XVIII. Provided also, That this Act, nor any thing therein contained, be in any wise prejudicial or hurtful to any person or persons born in Wales or the marches of the same, which shall have any estate to them executed by authority of this Act, in any lands, tenements or other hereditaments within this realm, whereof any other person or persons now stand or be seised to the use of any such person or persons born in Wales or the marches of the same; but that the same person or persons born in Wales, or the marches of the same, shall or may lawfully have, retain and keep the same lands, tenements or other hereditaments, whereof estate shall be so unto them executed by the authority of this Act, according to the tenor of the same; any thing in this Act contained, or any other Act or provision heretofore had or made to the contrary notwithstanding.
USES RAISED ON TRANSMUTATION OF POSSESSION.
Note, malent, combargain wide
Co. Lit. 271 b. Note, uses are raised either" by transmutation of the estate, as by fine, feoffment, common recovery, &c. or out of the state of the owner of the land, by bargain and sale by deed indented
and enrolled, or by covenant upon lawful consideration.
ME DYER 111 b. in marg. Noy,1 of Lincoln's Inn, Mich. 19. Jac. at i ne volne Le Moot in the Hall put this difference, that if a man make a feoffment in
fee to the use of himself for life, the fee-simple remains in the feoffees, for otherwise he will not have an estate for life according to his intention ; but if the use be limited to himself in tail, it is otherwise, for both estates may be in him.
M. 34 & 35. Eliz. in the Court of Wards, in the argument of the
Earl of Bedford's Case (2 And. 197; Moor. 718] it was holden by
[Reported 2 Roll. Ab. 791.]
St. 29 Car. II. (1676), c. 3, § 7. And be it further enacted by the w w w authority aforesaid, That from and after the said four and twentieth day du of June (1677) all declarations or creations of trusts or confidences of w ilüne any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
§ 8. Provided always, That where any conveyance 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 transferred 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; anything hereinbefore contained to the contrary notwithstanding.
1 “It was said, if a man at this day seised of the land on the part of the mother, abbott sae makes a feoffment in fee, without consideration, he shall be seised, as he was before, m cha r on the part of the mother. And if there be two joint-tenants, one for life, and the wanan other in fee, and they levy a fine without declaration of any use, the use shall be
to them of the same estate as they had before in the land. So if A. tenant for life,
and B. in reversion or remainder, levy a fine generally, the use shall be to A. for life, to all the reversion or remainder to B. in fee ; for each grants that which he may lawfully irint a grant, and each shall have the use which the law vests in them, according to the
: estate which they convey over. If A. is seised in fee of an acre of land, and he and B.