Page:Ruffhead - The Statutes at Large - vol 2.djvu/330

 I.anJ. Raym . 165; » Sid. 416. Dyer - ,-5,246, ZJI, 2 ~9> 3°4- 5 Co. 1. 5. 2 Ru! 40'.. 5 Co. 6. fro. t !. 002. Cro.C ar. 22,44 Latch 257. Bridgr I. 29. jMoor 759. pi. 292 C. 28. Anno tricefimo fecundo Henrici VIII. A. D. 1.540. 34, H. S. c.20. II. Provided always, That this Act, or any Thing contained, fhall not extend to any Leafes to be made ? r0 '-V' o 5 h '- 3 ,0 ' °f an y Manors, Lands, Tenements or Hereditaments, being in the Hands of any Fermor or Fermors by tons f Leaks' Virtue of any old Leafe, unlefs the fame old Leafe be expired, furrendred or ended within one Year next to be made by after the making of the faid new Leafe; (2) nor {hall extend to any Grant to be made of any Reverfion of Tenantin Tail, any Manors, Lands, Tenements or Hereditaments, (3) nor to any Leafe of any Manors, Lands, Tene- or 01 the Wife's rnents-or Hereditaments which have not mod commonly been letten to Ferm, or occupied by the Fermors thereof, by the Space of twenty Years next bebre fuch Leafe thereof made; (4) nor to any Leafe to be made without Impeachment of Wafte, (5) nor to any Leafe to be made above the Number of twenty-one Years, or three Lives, at the moft from the Day of making thereof; (6) and that upon every fuch Leafe there be referved yearly during the fame Leafe, due and payable to the Leflbrs, their Heirs and SuccefTors, to whom the fame Lands (liquid have come after the Deaths of the Leflbrs, if no fuch Leafe had been there- of made, and to whom the Reverfion thereof fhall appertain, according to their Eitates and Interefts, fe much yearly Ferm or Rent, or more, as hath been mod accuftomably yeelden or paid for the Manors, .Lands, Tenements and Hereditaments fo to be letten within twenty Years next before fuch Leafe thereof made; (7) and that every fuch Perfon and Pcrfons, to whom the R.everfion of fuch Manors, Lands, Te- nements or Hereditaments fo to be letten fhall appertain, as is aforefaid, after the Deaths of fuch Leflbrs or their Heirs, fhall and may have fuch like Remedy, and Advantage, to all Intents and Purpofes, againit Hob.'«4. the Leflees thereof, their Executors and Affigns, as the fame Leflbr fhould or might have had againit the fame Leflees. (S) So that if the Leflbr v/ere feifed of any. fpecial Eftate-tail of the fame Hereditaments at the Time of fuch Leafe, that the Iflue or Heir of that fpecial Eftate fnall have the Reverfion, Rents and Services referved upon fuch Leafe after the Death of the faid Leflbr, as the Leflbr himfelf might or ought to have had if he had lived.. Leafes made by III. Provided al way, That the Wife be made Party to every fuch Leafe which hereafter fliall be made by KufbunJ and her Hufband of any Manors, Lands, Tenements or Hereditaments, being the Inheritance of the Wife; Wife'sLad i 2 ^ zn ^ t ^ at evei T '~ ucn L:afe be made by Indenture in the Name of the Hufband and his Wife, and fhe to 3 Leon. 132.' f ea ' t0 the fame; (3 J and that the Ferm and Rent be referved to the Hufband and to the Wife, and to the Jones 6a. Heirs of the Wife, according to her Eftate of Inheritance in the fame; (4) and that the Hufband fhall not Hutt. S4. in any wife aliene, difcharge, grant or give away the fame Rent referved, nor any Part thereof, longer than 1 Roll 159,163. du r i n g the Coverture, without it be by Fine levied. brthe faid Hufband and Wife; (5) but that the fame 45. Rent fhall remain, defcend, revert or come after the Death of fuch Hufband, unto fuch Perfon or Perfom and their Heirs, in fuch Manner and Sort as the Lands fo leafed fhould have done, if no fuch Leafe had been thereof made. 25H.8.C. 13. jy # Provided alfo, That this Act extend not to give any Liberty or Power to any Perfon or Perfons to rm . ta k e an y mo Ferms, Leafes or Takings of any Manors, Lands, Tenements or other Hereditaments, than Leafes of Par- he or they fhould or might lawfully have done before the making of this Act; (2) nor extend to give any foiiages or Vi- Liberty or Power to any Parfon or Vicar of any Church or Vicarage, for to make any Leafe or Grant of carages. ' any of their Mefluages, Lands, Tenements, Tithes, Profits or Hereditaments belonging to their Churches or Vicarages, otherwife or in any other Manner than they fiiould or might have done before the making of this Act; any Thing contained in this Act to the contrary notwithstanding. A Confirmation V. And furthermore be it enacted by Authority aforefaid, That all Leafes at any Time within the Space of Leafes made of three Years next before the twelfth Day of April in the thirty-firft Year of our Sovereign Lord the King's before the Sta- R e ig n) made by Writing indented under Seal, by any Perfon or Perfons of full Age, of whole Memory, Perfons 'and'" not unlawfully coarcted, nor being Covert Baron, for Term of Years, of any Manors, Lands, Tenements upon certain or other Hereditaments, whereof the Leflbr or Leflbrs were feifed of any Eftate of Inheritance of and in Conditions. the fame, to their own only Ufe, at the Time of making any fuch Leafe thereof, and whereof the Leflees, their Executors or Afllgns, be now in Pofleffion by Virtue of the fame Leafe, and no Caufe of Re-entry or Forfeiture thereof had or made, fhall be good and effectual in the Law againft the Leflbrs, their Heirs and SuccefTors, and the Heirs and SuccefTors of every of them, according to the Covenants, Articles and Agree- ments fpecified in every fuch Indenture or Leafe: (2) So always there be referved and yearly payable du- ring the fame Leafe to the faid Leflbrs, their Heirs or SuccefTors, or to fuch other as fhould or ought to have had the fame Manors, Lands, Tenements or Hereditaments fo leafed after the Deceafe of fuch Leflbrs, in cafe no fuch Leafe had thereof been made, as much yearly Rent for the fame, as was at any Time therefore^ yielden or paid within twenty Years next before the making of any fuch Leafe, or elfe fuch Leafes to be of no other Force ne Effect than they were before the making of this prefent Act. The Huiband's VI. And moreover for certain Confideration be it enacted by Authority aforefaid, That no Fine, Feoft- <jn!y_A£t of the ment or other Act or Acts hereafter to be made, fuffered or done by the Hufband only, of any Manors, ih iii'not'pre- Lands, Tenements or Hereditaments, being the Inheritance or Freehold of his Wife, during the Cover- iudice her or ture between them, fliall in any wife be or make any Difcontinuance thereof, or be prejudicial or hurtful to her Heirs. the faid Wife or to her Heirs, or to fuch as fhal! have Right, Title or Intereft to the fame by the Death of Explained by -a. ^" ucn Wife or Wives; (2) but that the fame Wife and her Heirs, .and fuch other to whom fuch Right fhall &35H. 8. c. 2^2. appertain after her Deceafe, fliall and may then lawfully enter into all fuch Manors, Lands, Tenements 6 Ed. i.e. 3. and Hereditaments according to their Rights and Titles therein; any fuch Fine, Feoffment or other Ait to 13 Ed. 1. flat. 1 -the contrary notwithftanding; Fines levied by the Hufband and Wife (whereunto the faid Wife is Party mL^'i. and p riv y) onl y ^"p'- i64. Moor 872. pi. 1215. ilnft. 681. Hob. 243, 261. Dyer 72, 264, 368. Co. Lit. 316. 21*011410,491,499. Leafes rrade by VII. Provided furthermore, That this Claufe or Act extend not to give any Liberty to any fuch Wife, the Hufband and or t0 h er fI e j lS) for to avoid any Leafe hereafter t® be made of any the. inheritance of the Wife by her Huf- thewueofthe band and her for Term of one and twenty Years, or under, or any her Inheritance for Term of three Lives the Wi'-" ' at the uttermoft, whereupon as much yearly Rent or more is or fhall be referved, and yearly payable during the