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. SECTION III. 气 USES RAISED ON TRANSMUTATION OF POSSESSION. 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. DYER 111 b. in marg. Noy of Lincoln's Inn, Mich. 19. Jac. at {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 IF A. in consideration of £100 by B. makes a feoffment in fee to B. to the use of B. and C. the son of B., that will raise a use to C. well enough, though the whole consideration was given by B. ST. 29 CAR. II. (1676), c. 3, § 7. And be it further enacted by the armuust authority aforesaid, That from and after the said four and twentieth day dieland in of June [1677] all declarations or creations of trusts or confidences of writing 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 herein before 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 says makes a feoffiment in fee, without consideration, he shall be seised, as he was before, such an estate as whis is t To A x B jointly for to on the part of the mother. And if there be two joint-tenants, one for life, and the gives a que equity. So it was adjudged in the principal case, when husband and wife levy a fine without declaration of any use (which was sufficient in law), the law shall revest the مسية SHORTRIDGE v. LAMPLUGH. KING'S BENCH. 1702. [Reported 2 Salk. 678.1] H. BROUGHT Covenant as assignee of a reversion, and showed, that the lessor, in consideration of £5, bargained and sold to him for a year, and afterwards released to him and his heirs, virtute quarundam indentur. bargainæ venditionis & relaxationis necnon vigore statuti de usibus, &c. he was seised in fee. And it was objected, that the use must be intended to be to the releasor and his heirs, because no consideration of the release nor express use appeared by the pleading : so that without considering the operation of the conveyance, the question was upon the pleading, Whether the use shall be intended to the releasor, unless it be averred to be to the releasee? Et per HOLT, C. J. to which the rest agreed: — Good before This way of pleading was certainly good before the Statute 27 H. 8, so is Plowd. 478, and many precedents in Co. Ent. of feoffments averred in the same manner; for the use was a matter that was extrinsical to the deed, and depended upon collateral agreements at common law, and then the use might, as since the Statute of Frauds by writing, be averred by parol, and therefore in pleading the conveyance was taken to the use of him to whom the conveyance was made, till the contrary appeared; if it were otherwise, it ought to come on the other side; and Yook after 27 H. 8, has not altered the course of pleading, which is rather confirmed by the Statute; because, if now the use be construed to be to the releasor or feoffor, the conveyance will be to no manner of purpose, it being still the old estate to which the old warranty and other qualities remain annexed; whereas before the Statute there might be some end in making the feoffment, viz. to put the freehold out of him and prevent wardship; and Co. Lit. goes no farther, than where is a feoffment to particular uses and estates, the residue of the use shall be to the feoffor, which is reasonable; for the raising those particular estates appears a sufficient reason for the conveyance. And PowEL, J. doubted, whether there could be a resulting use on a lease and release, unless where particular uses are limited; for this way of conveyance is grounded on the ancient way of releasing at common law, wherein there was a merger of estate, which is a good consideration, as where the lessor confirms to the lessee and his heirs. In error of a judgment of C. B. which was affirmed. 1 s. c. 2 Ld. Raym. 798; 7 Mod. 71. The lessor in consed of fo had grouted a a the lesser and his heirs The lesson now claims that the basete use lessee puts of lease is onsid for release. Reston was, Whether 3. et at estabstra Fery to brushes to permit & to receive rents Zhis body as and at the primerpal was while a had an estate tail executed steed he had equnly executed by the Anglesey LORD ALTHA a tex in tail, desiring to bar the entail, levied & fine to g.I & •Dean order to make hive texto pil, But mouse was declared The could be no use unless decland in writing referpt in reselling reses Beyo us not redulling & gut not in women. fason it is good is that of anflies to uses all were 3rd persons & out wirely conson &?. |