taments, 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, reversions, remainders, or hereditaments, shall from henceforth have, and be deemed and adjudged to have only to him or them that have, or hereafter shall have any such use, confidence, or trust, such estate, possession, and seisin, of and in the same lands, tenements, rents, reversions, remainders, and other hereditaments, in like nature, manner, form, condition, and course, as he or they had before in the use, confidence, or trust of the same lands, tenements, or hereditaments; saving and reserving to all and singular persons, Saving of the and bodies politick, their heirs, and successors, gers. right of stran

other than those person or persons which be seized, or hereafter shall be seized of any lands, tenements, or hereditaments, to any use, confidence, or trust, all such right, title, entry, interest, possession, rents, and action, as they or any of them had, or might have had before the making of this act.

right of the fe

III. And also saving to all and singular those Saving of the persons, and to their heirs, which be, or here-offees to Use. after shall be seised to any use, all such former right, title, entry, interest, possession, rents, customs, services, and action, as they or any

of

Land assured to

the use, that

rent should be to some other.

paid out thereof

of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents, or hereditaments, 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 contained in this act to the contrary notwithstanding.

IV. And where also divers persons stand and be seized of and in any lands, tene» ments, or hereditaments, in fee-simple, or otherwise, to the use and intent that some other person or persons shall have and per Sceive 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 somé ' 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 inade 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 intereft, 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,

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 seized to the use or intent of any such rent to be had, made, or paid according to the very trust and intent thereof; 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, 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 au- A woman shall thority aforesaid, That whereas divers persons a jointer and

not have both

dower of her

have purchased, or have estate made and con- husband's lande. veyed 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

A woman shall

be endowed,

whose jointer

is recovered.

term of life of the said wife; or where any such estate, or purchase of any lands, tene ments, or hereditaments, hath been, or here after shall be made to any husband, and to his wife, in manner and form above 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; 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 husbands, 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; 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 pro vision made to the contrary thereof notwithstanding.

C

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

4

every

DE

Women heretó

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. VIII. Provided also, That this act, nor any for married. 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.

marriage may be

by the wife.

IX. Provided also, That if any wife have, A jointer after or hereafter shall have any manors, lands, taken or refused 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

с