Page:Ruffhead - The Statutes at Large - vol 2.djvu/332

 2Q4 G. 31 — 34- Anno tricefimo fecundo Hen rici VIII. A. D. 1540. Continued by 33 in. And alfo further to fuffer fuch Imprifonment, as by the Difcretion of the Juftices of the Court for Hen. 3 c 17. (.-[jg 'pifne being, where any fuch Default ftiail fortune to be had or made, fhall be thought convenient, (zj Made' er C e«nal This P re f ent Act, with the Provifo, to endure till the laft Day of the next Parliament. ' 1 & 3 Ed.-6.'c '■js. Fjr(fer provUidfor by 18 El. c. 14. 21 Jac. I. c. 13. 16 Sf 17 Car. 2. c. 8. 22 £? 23 Car. 2. <r. 4. 4-4n».c,l6. 9 /tfnn. c, x, «/)./ 5 Geo, f , c. 13. CAP. XXXI. REP. c. 8. 4 El. 3I,H. 8. c.i. joint Tenants, and Tenant? in Common for Lives or Years, lhall make Par- litioa. 1 Leon. 162. Joint Tenants. tor Life or Yeats are compellable to make Parti- tion. Bro. Partition 38, 41. Co. Lit. 175. a. 1S7. a. Dyer 73. pi. 7. 179././. 43. Crc. Car. 44- . Partition to be prejudicial to ■none but Parties. Co. Ent, 412. b. A Recovery of Land had by AfTent of the Parties againft Tenant for Term of Life, fhall be void, unlefs it be by good Title, or AfTent of hint in the Reverfion or Remainder. CAP. XXXII. Joint Tenants for Term of Life or Years. ITOrafmuch as in the Parliament begun at JVeJiminfier the twenty-eighth Day of April, and there conti- . nued till the twenty-eighth Day of June, the thirty-firft Year of the King's moil noble and victorious Reign that now is, it was amongft other Things there enacted and eftablifhed, That all Joint Tenants and Tenants in Common, that then were, or hereafter fhould be of any Eftate or Eftates of Inheritance, in their own Rights, or in the Right of their Wives, of any Manors, Lands, Tenements or Hereditaments within this Realm of England, Wales, or Marches of the fame, fhall and may be coacted and compelled by Virtue of the faid Aft, to make Partition between them of all fuch Manors, Lands, Tenements and Hereditaments as they then held, or hereafter fhould hold as Joint Tenants or Tenants in Common, as more at large appeareth by the faid Statute : (z) And forafmuch as the faid Statute doth not extend to Joint Tenants and Tenants in Common for Term of Life or Years, neither to Joint Tenants orTenants in Common, "where one or fome of them have but a particular Eftate for Term of Life or Years, and the other have Eftate or Eftates of Inheritance of and in any Manors, Lands, Tenements and Hereditaments :' (z) Be it therefore enacted by the King our Sovereign Lord, and by the AfTent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by the Authority of the fame, That all Joint Tenants and Tenants in Common, and every of them, which now hold, or hereafter fhall hold, jointly or in common for Term of Life, Year or Years, or Joint Tenants or Tenants in Common, where one or fome of them have or fhall have Eftate or Eftates for Term of Life or Years, with the other that have or fhall have Eftate or Eftates of Inheritance or Freehold in any Manors, Lands, Tenements or Hereditaments, fhall and may be compellable from henceforth, by Writ of Partition to be purfued out of the King's Court of Chancery, upon his or their Cafe or Cafes, to make Severance and Partition of all fuch Manors, Lands, Tenements and Hereditaments which they hold jointly or in common for Term of Life or Lives, Year or Years, where one or fome of them hold jointly or in common for Term of Life or Years with other, or that have an Eftate or Eftates of Inheritance of Freehold. II. Provided alway, and be it enacted, That no fuch Partition or Severance hereafter to be made by Force of this Act, be, nor fhall be, prejudicial or hurtful to any Perfon or Perfons, their Heirs or Succeffors, other than fuch which be Parties unto the faid Partition, their Executors or Affigns. Sec farther %& 9 TV. 3. c. 31. and 7 Ann. c. 18. CAP. XXXIII. An Act that wrongful Diffeifin is no Defcent in Law. 13 Co. 6. < ^T 7 HERE divers Perfons of their infatiable Minds have heretofore by Strength, and without Title, iBrowni. 131. c ^/y en tered into Manors, Lands, Tenements and other Hereditaments, and wrongfully diffeifed the ' rightful Owners and PofTefTors thereof, and fo being feifed by Diffeifin, have thereof died feifed, by Rea- fon of which dying feifed, the Diffeifee, or fuch other Perfons as before fuch Defcent might have lawfully entered into the faid A4anors, Lands and Tenements, were and be thereby clearly excluded of their Entry into the faid Manors, Lands and Tenements, and put to their Action for their Remedy and Recovery therein, to their great Cofts and Charges ;' (z) for Reformation whereof, be it enacted by the Authority of this prefent Parliament, That the dying feifed hereafter of any fuch Diffeifor, of or in any Manors, Lands, Tenements, or other Hereditaments, having no Right or Title therein, fhall not be taken or deemed from henceforth any fuch Defcent in the Law, for to toll or take away the Entry of any fuch Perfon or Per- Five Years Pof- fons, or their Heirs, which at the Time of the fame Defcent had good and lawful Title of Entry into the feffionin the faid Manors, Lands, Tenements or Hereditaments, except that fuch Diffeifor hath had the peaceable Pol- pifleiforj>cfore { e ff 10n f f uc h Manors, Lands, Tenements or Hereditaments whereof he fhall fo die feifed, by the Space of five Years next after the Diffeifin therein by him committed, without Entry or continual Claim by or of fuch Perfon or Perfons as have lawful Title thereunto. his Death. Dyer, f. »ii Co. Lit. 23 a-6. a. Plowd 4-. Hob. 243. 4 Ann. c. 1 I Roll 81, 359. « a Roll 170. 1 Cm. El. 457- CAP. XXXIV. Concerning Grantees of Reverfioii'S to take Advantage of the Conditions to be performed by the Leffees. HERE before this Time divers, as well Temporal as Ecclefiaftical and Religious Perfons, have made i'undry Leafes, Demifes and Grants to divers other Perfons, of ftindry Manors, Lordfhips, ■ Ferms,
 * Eulftr. 114.