Page:Ruffhead - The Statutes at Large - vol 2.djvu/335

 A. I"). 154°- Anno ttfceimio fecundo I 1 VlI, L. 37. 20- [0 the Pui port, [nt< nt or ] . Fin ns, conn to th Pui port, Inti nt or ] I (' ; ) nor to any i'|nc 01 Fin oi any Manors, Land:, Tew in nti or affigncd to the faid Pcrfon or Pcrfon ortheirAn-jJJ 1 ! ail, by Virtue of any Leti 01 'u t of Parliament, the Revcrfi ing ii rfaidSo reign Lord, his Heirs or Succeflbrs ; (4) b'tktha fhall be of like Force, Strength and Effect, as they were or flioul I had nor made. 8 Co. 74. Bio. Afl'ur. 6. Bro. Fines 121. Set ferthtr ctttecrning Fi •■ .'■;. 1; I C A P. XXXVII. For Recovery of Arrearages of Rents by Executors of Tenant in Fee-fur; • TT Orafmuch as by the Older of the Common Law, the Executors or Adminiftrators of Tenants in Fee- ' ' V fimple, Tenants in Fee-tail, and Tenants for Term of Lifes, of Renl Rent Charj ' Rents Seeks, and Fee-farms, have no Remedy to recover fuch Arrearages of the faid Rents or Fee-fa ' as were due unto their Teftators in their Lives, (2) nor yet the Heirs of fuch Teftator, nor any Perfon , ' having the Reverfion of his Eftate after his Dcceafe, may diftrain, or have any lawful Action to levy any ' fuch Arrearages of Rents or Fee-farms, due unto him in his Life as is aforefaid ; (3) by reafon whe ' the Tenants of the demean of fuch Lands, Tenements or Hereditaments, out of the which fuch Rents ' were due and payable, who of right ought to pay their Rents and Farms at fuch Days and Terms as they ' were due, do many Times keep, hold and retain fuch Arrearages in their own Hands, fo that the Exc- ' cutors and Adminiftrators of the Perfons to whom fuch Rents or Fee-farms were due, cannot have or ' come by the faid Arrearages of the fame, towards the Payment of the Debts and Performance of the Will ment, That the Executors and Adminiftrators of every fuch Perfon or Perfons, unto whom any fuch Rent Vm. V. 1", 5 p, or Fee-farm is or fhall be due, and not paid at the Time of his Death, fhall and may have an Action of Debt for all fuch Arrearages, againft the Tenant or Tenants that ought to have paid the faid Rent or Fee- farms fo being behind in the Lire of their Teftator, or againft the Executors and Adminiftrators of the faid Tenants; (5) and alfo furthermore, it fhall be lawful to every fuch Executor and Adminiftrator of any fuch Perfon or Perfons unto whom fuch Rent or Fee-farm is or fhall be due, and not paid at the Time of his Death as is aforefaid, to diftrain for the Arrearages of all fuch Rents and Fee-farms, upon the Lands, Tenements and other Hereditaments, which were charged with the Payment of fuch Rents or Fee-farms, and chargeable to the Diftrcfs of the faid Teftator, (6) fo long as the laid Lands, Tenements or Heredita- » Lee merits continue, remain and be in the Seifin or Poffeffion of the faid Tenant in Demcfn, who ought im- C/ - 1 -- 805. mediately to have paid the faid Rent or Fee-farm fo being behind, to the faid Teftator in his Life, (7) or - y in the Seifin or Poffeffion of any other Perfon or Perfons claiming the faid Lands, Tenements and Heredita- ments, only by and from the fame Tenant by Purchafe, Gift or Defcent, (S) in like Manner and Form as their faid Teftator might or ought to have done in his Life-time, and the faid Executors and Adminiftrators ihall, for the fame Diftrcfs, lawfully make Avowry upon their Matter aforefaid. II. Provided alway, That this Act, nor any Thing therein contained, fhall not extend to any fuch Ma- Redemption nor, Lordfhip, or Dominion in Wales, or in the Marches of the fame, whereof the Inhabitants have ufed, ^?? cy P j"!u" Time out of the Mind of Man, to pay unto every Lord, or Owner of fuch Lordfhip, Manor or Dominion, Marches. at his or their firft Entry into the fame, any Sum or Sums of Money, for the Redemption and Difcharge of 2 Luon. 53. all Duties, Forfeitures and Penalties, wherewith the faid Inhabitants were chargeable to any of their faid v n.h. 413. Lords Anceftors or Predeceffors before his faid Entry. - The Hufband's III. And further be it enacled by the Authority aforefaid, That if any Man which now hath, or here- Remedy f or after fhall have in the Right of his Wife, any Eftate in Fee-Ample, Fee-tail, or for Term of Life, of or in R^nc due in the any Rents or Fee-farms, and the fame Rents or Fee-farms now be, or hereafter fhall be due, behind and S i/ff h" unpaid in the faid Wife's Life ; then the faid Hufband, after the Death of his faid Wife, his Executors and wife. Adminiftrators, fhall have an Aclion of Debt for the faid Arrearages againft the Tenant of the Demefn that Co. pi. f. 119. ought to have paid the fame, his Executors or Adminiftrators ; (2) and alfo the faid Hufband, after the Vaugh* 38. Death of his faid Wife, may diftrain for the laid Arrearages, in like Manner and Form, as he might have* Co * S 1, done if his faid Wife had been then living, and make Avowry upon his Matter as is aforefaid. Goldlb o*'! IV. And likewife it is further enacted by the Authority aforefaid, That if any Perfon or Perfons which _, J ' p  - now have, or hereafter fhall have, any Rents or Fee-farms for Term of Life or Lives, of any other Perfon 3 RVw^theE- or Perfons, and the faid Rent or Fee-farm now be, or hereafter fhall be due, behind and unpaid in the Life fate whereof de- af Inch Perfon or Perfons for whole Life or Lives the Eftate of the faid Rent or Fee-farm did depend or pendeth upon ■ continue, and alter the faid Pcrfon or Perfons do die ; then he unto whom the faid Rent or Fee-farm was another's Life. due in Form aforefaid, his Executors or Adminiftrators fhall and may have an Aclion of Debt againft the "''';" Tenant in Demefn, that ought to have paid the fame when it was firft due, his Executors and Adfniril- Leon- ' ^' firators, (2) and alfo diftrain for the fame Arrearages upon fuch Lands and Tenements out of the which | Co. 118. the laid Rents or Fee-farms were iffuing and payable, (3) in fuch like Manner and Form as he ought or 7 Co. 35. might have done, if fuch Perfon or Perfons by whole Death the aforefaid filiate in the faid Rents and Fee- z Lcan - "53- farms was determined and expired, had been in full Life and not dead ; and the Avowry for the taking of p, the fame Diftrefs to be made in Manner and Form aforefaid. ,-, , j For farther Prwi/ilns unerring Rents, fee i? Car, 2. e. 7. 2 .■!>:■:, c. 14, 4 Gee. 2. ;. iS. and U Cm. 2. c. io. Vol. N, Q_ q CAP.
 * of the laid Teftators :' (4) For Remedy whereof, be it enacted by the Authority of this prcfent Parlia-