Sale of the death. made, intituled, An act to make the lands, tenements, goods and chattels of tellers, receivers, &c. liable to pay their debts; (2) upon which alt fome doubt and question hath been moved, whether the Queen's highness, ber heirs and fucceffors, might for the fatisfaction of her and their debts and farms, by her or their letters patents under the great feal of England, make fale of any the lands, tenements and hereditaments, whereof her Highness, ber heirs and fucceffors, have power or authority to make fale by virtue of the fame act, after the death of fuch accountant or debtor as is mentioned in the faid act, or where the account of fuch accountant or debtor was not or is not made, or his or their debt known in the life-time of the fame accountant or debtor : II. For declaration and explaining whereof, be it declared accomptant's and enacted by the authority of this present parliament, That lands after his the faid act, in every part thereof, touching the power given by that recited act unto her Highnefs, her heirs and fucceffors, to make fale of any the lands, tenements or hereditaments by the fame act limited to be fold, is, fhall and ought to be expounded and intended, as well in cafe where the fale is to be made after the death of fuch accountant or debtor, as where it is to be made in his or their life-time; (3) and alfo as well in cafe where the account is made, or the debt known within eight years after the death of fuch accountant or debtor, as where the fame account is made, or the debt known in the life-time of the fame accountant or debtor; any ambiguity or question that hath rifen or grown, or may arife, grow or be conceived, upon the letter of the fame act to the contrary thereof in any wife notwithstanding. The accomp tant's debt known within eight years after his death. Procefs against the accomptant's heir before the fale of his lands. III. Provided always, and be it enacted by the authority aforefaid, That after the death of fuch accountant and debtor, as is mentioned in the faid recited act, and before fuch time as any the lands, tenements and hereditaments, defcended unto the heir of fuch accountant or debtor as heir unto the fame ac-countant or debtor, fhall be fold as aforefaid, a feire facias fhall be awarded out of her Majesty's court of exchequer unto the fheriff of the county where any fuch lands do lie, to garnish the fame heir, to fhew caufe why the fame lands, tenements and hereditaments fo to him defcended as aforefaid, fhould not be put to fale for fatisfaction of the fame debts or farms in the fame act mentioned, according to the tenor of the faid act; whereupon if the heir do not within a convenient time upon a garnishment or two nichils returned, fhew and prove unto the said court, that the executors or adminiftrators of fuch accountant or debtor have fufficient, which ought to anfwer or be liable for the fame debt or farm, and whereby the faid debt or farm fhall and may be duly and fully fatisfied; That then after ten months next after fuch two nichils, or garnishment returned, the fame lands, tenements and hereditaments fhall be fold by her Majefty, her heirs or fucceffors, and the money thereof coming difpofed according to the true intent and meaning of the faid former recited act. IV. And who is not IV. And be it further enacted by the authority aforefaid, The heir's sale That the faid recited act, and this ftatute of explanation alfo, good to him as touching only the fale of any lands, tenements or heredita- confenting to ments, to be made after the death of fuch accountant or debtor defraud the as is aforefaid, fhall not extend to any lands, tenements or here- Queen. ditaments, which any person or perfons not being privy or 13 El. c. 4. consenting unto any fuch intent to defraud the Queen's majesty, her heirs or fucceffors, as in the faid recited act is mentioned, now have or enjoy, or have purchased or obtained, or before any Scire facias fo to be awarded as aforefaid, fhall have or enjoy, purchase or obtain bona fide and upon good confideration; any thing in this act, or in the before-mentioned act to the contrary thereof in any wife notwithstanding. V. Provided always, and be it enacted, That this act of ex- To what acplanation shall extend only unto fuch as have been or fhall be comptants tellers, receivers, treasurers, cuftomers, cofferers of the houf- this statute of hold, farmers of impoft, collectors, bailiffs, victuallers, and hall extend. explanation other officers of receipts and accounts unto our fovereign lady the Queen's majesty, her heirs and fucceffors, and to every of them, their heirs, executors and adminiftrators, and to no other. VI. Provided alfo, and be it further enacted by the authority Process aaforefaid, That in fuch cafes where any account fhall or ought gainst the heir where to be made, or any debts fhall be owing in the courts of the the debt growduchy of Lancaster, and wards and liveries, or in any of them, eth in the then after the death of fuch accountant or debtor as is men- court of tioned in the said former act, in any of the faid laft mentioned wards or courts, and before fuch time as any of the lands, tenements duchy. or hereditaments, descended unto the heir of fuch accountant or debtor as heir unto the fame accountant or debtor, shall be fold as aforefaid, fuch procefs fhall be awarded, as hereafter is expreffed; that is to wit, firit a privy feal, commanding the fame heir to make perfonal appearance in the court out of which the fame privy feal fhall be awarded, to fhew caufe, as in the writ of Scire facias to be awarded out of the exchequer is before appointed: (2) and if the fame heir fhall make default at the day of the return of the fame privy feal, That then upon the affidavit made, that the fame privy feal was duly ferved, either upon the person of the fame heir, or left at the place of his or her dwelling or moft ufual abode, an attachment with proclamation shall be awarded against the fame heir, and fhall be openly publifhed and proclaimed in fome market-town in the county where the fame heir was laft dwelling, or made his or her ufual abode, upon fome market day there in the time of open market, twenty days at the leaft before the return thereof: (3) and if upon return thereof the said heir shall eftfoons make default, that then all things shall be done and executed for the fale of the fame lands, tenements and hereditaments, and for the full fatisfaction of the fame debt or farm, in like and as large and ample manner and form, to all intents and purposes, as before in this act is limited and appointed in cafes where default is No fale of the heir's lands during his minority. made upon a garnishment or two nichils returned upon a Scire facias awarded out of the faid court of exchequer. VII. Provided also, and be it likewise enacted, That if the heir of any accountant or debtor before-mentioned, shall happen to be within the age of one and twenty years when any fuch process shall fortune to be awarded, that then during the time of his or her non-age, this act or any thing therein contained shall not in any wife be extended, executed or put in ure, as touching or concerning only the felling of the lands, tenements or hereditaments of any fuch heir; any thing in the fame act contained to the contrary in any wife notwithstanding: (2) and yet nevertheless, after fuch time as any fuch heir shall lands liable to accomplish the full age of twenty-one years, all and fingular fale eight the lands, tenements and hereditaments defcended unto the years after he fame heir from any fuch debtor or accountant as aforefaid, fhall at all times during the fpace of eight years then next ensuing, be subject and liable to be fold for the payment and fatisfaction of her Majefty, her heirs and fucceffors, according to the intent and true meaning of this act, in fuch manner and form to all intents and purposes, as if the fame heir had been of full age at the time of the death of fuch debtor or accountant. The heir's fhall accomplifh his full age. No fale of lands where tant hath a quietus eft. VIII. Provided always, and be it enacted, That this act, or the accompany thing therein contained, shall not extend to the fale of the lands, tenements or hereditaments of any fuch heir or heirs, for or by reafon of any account, debt or farm, whereof any fuch debtor or accountant have or shall have a quietus eft, or difcharge in his or their life-time. 39 El. c. 7. revived by 1 Jas. I. c. 25. f. 31. CAP. IV. An act against covinous and fraudulent conveyances. 13 El. c. 5. FORASMUCH as not only the Queen's most excellent majests, but alfo divers of her Highness good and loving fubjects, and bodies politick and corporate, after conveyances obtained, or to be obtained, and purchases made or to be made, of lands, tenements, leafes, eftates and hereditaments, for money or other good confiderations, may have, incur and receive great lofs and prejudice by reafon of fraudulent and covinous conveyances, eftates, gifts, grants, charges and limitations of ufes heretofore made or hereafter to be made, of, in ar out of lands, tenements or hereditaments fo purchased or to be purchafed: (2) which faid gifts, grants, charges, eftates, ufes and conveyances were, or hereafter fhall be, meant and intended by the parties that fo make the fame to be fraudulent and covinous, of purpose and intent to deceive fuch as have purchased or fhall purchase the fame; (3) or elfe by the fecret intent of the parties the fame be to their own proper ufe, and at their free difpofition, (4) coloured nevertheless by a fained countenance and fhew of words and fentences, as though the fame were made bona fide, for good caufes, and upon just and lawful confiderations: II. For remedy of which inconveniencies, and for the avoiding of fuch fraudulent, fained and covinous conveyances, gifts, grants, made to de grants, charges, uses and eftates, and for the maintenance of Fraudulent upright and juft dealing in the purchafing of lands, tenements conveyances and hereditaments; (2) be it ordained and enacted by the au- ceive purthority of this prefent parliament, That all and every convey- chafers fhall ance, grant, charge, lease, estate, incumbrance and limitation of be void. ufe or uses, of, in or out of any lands, tenements or other here- Moor 602. pl. 833, 615. ditaments whatsoever, had or made any time heretofore fithence pl. 843. the beginning of the Queen's majesty's reign that now is, or at Roll. 167. any time hereafter to be had or made, for the intent and of pur- Lane 47. pofe to defraud and deceive fuch person or perfons, bodies poBridgm. 22. litick or corporate, as have purchased or fhall afterwards pur- pl. 11. chafe in fee-fimple, fee-tail, for life, lives or years, the fame 3 Co. 80. lands, tenements and hereditaments, or any part or parcel there- 5 Co. 60. of, fo formerly conveyed, granted, leased, charged, incumbred 6 Co. 72. 11 Co. 74. or limited in use, (3) or to defraud and deceive fuch as have or Cro. El. 44. shall purchase any rent, profit or commodity in or out of the Cro. Jac. 158. fame, or any part thereof, (4) fhall be deemed and taken only Co. Entr.677. as against that perfon and perfons, bodies politick and corporate, his and their heirs, fucceffors, executors, adminiftrators and affigns, and against all and every other person and perfons lawfully having or claiming by, from or under them, or any of them, which have purchased or fhall hereafter fo purchase for money or other good confideration, the fame lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the fame, to be utterly void, fruftrate and of none effect; (5) any pretence, colour, fained confideration, or expreffing of any use or uses to the contrary Hob. 166. notwithstanding. to fraudulent III. And be it further enacted by the authority aforefaid, The penalty That all and every the parties to fuch fained, covinous and frau- of the parties #dulent gifts, grants, leafes, charges or conveyances before ex- conveyances, preffed, or being privy and knowing of the fame or any of them, who do avow which after the twentieth day of April next coming fhall wit- the same, tingly and willingly put in ure, avow, maintain, juftify or defend the fame or any of them, as true, fimple, and done, had or made, bona fide, or upon good confideration, to the disturbance or hindrance of the faid purchaser or purchafers, leffees or grantees, or of or to the disturbance or hindrance of their heirs, fucceffors, executors, adminiftrators or affigns, or fuch as have or shall lawfully claim any thing by, from or under them, or any of them fhall incur the penalty and forfeiture of one year's value of the faid lands, tenements and hereditaments fo purchased or charged; (2) the one moiety whereof to be to the Queen's majesty, her heirs and fucceffors, and the other moiety to the party or parties grieved by fuch fained and fraudulent gift, grant, leafe, conveyance, incumbrance or limitation of ufe, to be recovered in any of the Queen's courts of record, by action of debt, bill, plaint or information, wherein no effoin, protection or wager of law fhall be admitted for the defendant or defendants; (3) and also being thereof lawfully convicted, fhall fuffer imprisonment for one half year without bail or mainprize, IV. Pro A a 3 rations, and bona fide. Goldfb. 118. Conveyances IV. Provided also, and be it enacted by the authority aforemade upon faid, That this act or any thing therein contained fhall not exgood confidetend or be conftrued to impeach, defeat, make void or frustrate any conveyance, affignment of leafe, affurance, grant, charge, lease, estate, intereft or limitation of ufe or uses, of, in, to or out of any lands, tenements or hereditaments heretofore at any time had or made, or hereafter to be had or made, upon or for good confideration and bona fide, to any perfon or perfons, bodies politick or corporate; any thing before-mentioned to the contrary hereof notwithstanding. pl. 2. 3 Co. 83. 305. Lands firft conveyed with condition of revocation, V. And be it further enacted by the authority aforefaid, That if any perfon or perfons have heretofore fithence the beginning of the Queen's majefty's reign that now is, made or hereafter or alteration, fhall make any conveyance, gift, grant, demife, charge, limiand after fold tation of ufe or ufes, or affurance of, in or out of any lands, for money or tenements or hereditaments, with any clause, provifion, article other good confideration. or condition of revocation, determination or alteration, at his Cro. Jac. 180. or their will or pleasure, of fuch conveyance, affurance, grants, Mortgages lawfully made. Statute merchant, &c. fhall be en limitations of uses or eftates of, in or out of the faid lands, tenements or hereditaments, or of, in or out of any part or parcel of them, contained or mentioned in any writing, deed or indenture of fuch affurance, conveyance, grant or gift; (2) and after fuch conveyance, grant, gift, demife, charge, limitation of ufes or affurance fo made or had, fhall or do bargain, fell, demife, grant, convey or charge, the fame lands, tenements or hereditaments, or any part or parcel thereof, to any person or perfons, bodies politick and corporate, for money or other good confideration paid or given (the faid firft conveyance, affurance, gift, grant, demife, charge or limitation, not by him or them revoked, made void or altered, according to the power and authority reserved or expreffed unto him or them in and by the faid fecret conveyance, affurance, gift or grant,) (3) That then the faid former conveyance, affurance, gift, demife and grant, as touching the faid lands, tenements and hereditaments, fo after bargained, fold, conveyed, demised or charged, against the faid bargainees, vendees, leffees, grantees and every of them, their heirs, fucceffors, executors, administrators and affigns, and against all and every perfon and perfons which have, shall or may lawfully claim any thing, by, from or under them or any of them, fhall be deemed, taken and adjudged to be void, fruftrate, and of none effect, by virtue and force of this present act. VI. Provided nevertheless, That no lawful mortgage made or to be made bona fide, and without fraud or covin, upon good confideration, 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; any thing in this act to the contrary in any wife notwithstanding. VII. And be it further enacted by the authority, aforefaid, That all the whole tenor and contents of all ftatutes merchant and ftatutes of the ftaple, hereafter to be knowledged, fhall |