Page:Ruffhead - The Statutes at Large - vol 2.djvu/638

 588 C. 5. Anno xiii Reginae Elizabeths. A. D. 1570. o7Libcrtks' ft °^ an Y t " leir Heirs or Affigns, for any Thing touching his or their Office of Sheriffwick, Efcheatorfhip or Bailiifwick, nor for any Money by him or them received or to be received by reafon of any their faid Offices, otherwife or in any other Manner than he or they might lawfully have been charged before the making of tliis Act ; any Thing herein contained to the contrary notvvithftanding. XiV. Provided alio, That this Act, as touching only the Sale of any Lands or Tenements, fhall not extend to any Lands, Tenements or Hereditaments, which any Perfon or Perfons now have or enjoy, and LanJs purebred have p Urc hafcd or obtained bona fide, and not being privy or confenting unto any fuch Intent to defraud the uj. Queen's Majefty, as is abovefaid : (2) And ihat it lhall be lawful to every Perfon and Perfons whofe Lands, Tenements or Hereditaments, fhall by any Office or Inquifition be found to be fraudulently conveyed or afTured, as is abovefaid, to have his or their lawful Traverfe to every fuch Office or Inquifition ; (3) and ericved'nrav ^ ' c ' 3C f° un d w^' 1 the Party that tendreth the Traverfe, that then he lhall have the faid Lands out of have a Traverfe. the Prince's Hands without any Petition, Livery or Oujler le main, or any other Suit to be had, made or ufed ; (4) and the fame being found for fuch Perfon or Perfons fo travelling, the fame Lands, Tenements and Hereditaments, fhall be adjudged as not liable, chargeable, nor to be fold by Force of this Statute. iviitheAc - K Y- Provided alfo, and be it drafted, That if the Queen's Majefty, her Heirs .or Succeffors, fhall by counfejit's an Y ^ a ^ e °f Lands by Force of this Statute be fully fatisfied of the Debt or Arrearages of any fuch Accoun- Lnnds, Iris tant or Debtor, or any Part thereof, then the Sureties of fuch Accountant cr Debtor fhall be difcharged of Sureties fhall fo much of the faid Debt, Forfeiture and Arrearage, as fo ihall be fatisfied, and for the Refidue only {hall be difcharged ^ e rata J3]y according to their Abilities charged ; any Thing in this or any other Statute to the contrary not- mu. withftanding, Certain Perfons XVI. Provided always, That this Act, nor any Thing therein contained, fhall in any wife extend to b 0t h har ?ft Ue cnar S e Henry Go/ding, Efq; and Thomas Neak, one of the Queen's Majefty's Auditors, or the Lands or Tenements of either of them, to whom the Queen's Majefty hath demited any Cuftoms, Sublidies or Im- ports, in any Thing only touching the faid Demife and Leafc, otherwife or in any other Manner than they might have been lawfully charged if this Act had never been had or made, except they or either of them do hereafter take any of the Profits of the faid Subfidies, Cuftoms or Imports by Force of the faid Demife ; Farther provided any Thing herein contained to the contrary thereof notwithflanding. forby~^El.c,-j. wticb is revived by I Jac. I. t.25^ §.31. C A P. V. An Ac! again ft fraudulent Deeds, Alienations, &c. 3/7.7. c. 4. ' "f^OR the Avoiding and Abolifhing of feigned, covinous and fraudulent Feoffments, Gifts, Grants, £ ) ra ^ d; ' lent ' J/ Alicmtinns, Conveyances, Bojids, Suits, Judgments and Executions, as well of Lands and Tene- avoid'the^Debti ' merits as of Goods and Chattels, more commonly ufed and practifed in thefe Days than hath been feen or of others fhall ' heard of heretofore : (2) Which Fe'oft'nents, Gifts, Grants, Alienations, Conveyances, Bonds, Suits, be void, and ' Judgments and Executions, have been and are devifed and contrived of Malice, Fraud, Covin, Collu- the Penalties of < f Ion 01 - Guile, to the End, Purpofe and Intent, to delay, hinder or defraud Creditors and others of their fuch fraudulent ' J u ^ anc ' l aw ^ Aotions, Suits, Debts, Accounts, Damages, Penalties, Forfeitures, Heriots, Mortua- Affurances. ' r i es an d Reliefs, not only to the Let or Hinderance of the due Courfe and Execution of Law and 2 Bulflr. 21S. ' Tuftice, but alfo to the Overthrow of all true and plain Dealing, Bargaining and Chevifance between ' Man and Man, without the which no Commonwealth or civil Society can be maintained or continued :' AH fraudulent H. Be it therefore declared, ordained and enacted by the Authority of this prefent Parliament, That Conveyances a ]j anc j ever y Feoffment, Gift, Grant, Alienation, Bargain and Conveyance of Lands, Tenements, He- the Debt or°' reditaments, Goods and Chattels, or of any of them, or of any Leafe, Rent, Common or other Profit Duty of others or Charge out of the fame Lands, Tenements, Hereditaments, Goods and Chattels, or any of them, by fhall be void. Writing or otherwife, (2) and all and every Bond, Suit, Judgment and Execution, at any Time had or Raft. 207. made fithence the Beginning of the Queen's Majefty's Reign that now is, or at any Time hereafter to a Roll 4.93. J forth deemed and taken (only as againft that Perfon or Perfons, his or their Heirs, Succeffors, Exe- Latch 222. cutors, Adminiftrators and Affigns, and every of them, whofe Actions, Suits, Debts, Accounts, Da- Dyer 2.95, 3 5». mages, Penalties, Forfeitures, Heriots, Mortuaries and Reliefs, by fuch guileful, covinous or fraudulent 3 ^ oke & °' Devices and Practices, as is aforefaid, are, fhall or might be in any ways difturbed, hindred, delayed or 8 Co. 171. defrauded) to be clearly and utterly void, fruftrate and of none EffecT: ; any Pretence, Colour, feigned 9 Co. 108. Confideration, expreffing of Ufe, or any other Matter or Thing to the contrary notwithftanding. 10 Co. 56. Co. Lit. 76. a. 1 Leon. 47, 30S. Hob. 72. Cro. El. 810. Bac.V.i. — 5oi. V'm.V.i-;, — 533. The Forfeiture HI. And be it further enacted by the Authority aforefaid, That all and every the Parties to fuch fraudulent"" '° f e 'g ne( ^> covinous or fraudulent Feoffment, Gift, Grant, Alienation, Bargain, Conveyance, Bonds, Suits, Deeds. Judgments, Executions and other Things before expreffed, and being privy and knowing of the fame, or Coke, pla. 162. any of them ; (2) which at any Time after the tenth Day oijune next coming fhall wittingly and willingly Hob. 166. p U t in Ure, avow, maintain, juftify or defend the fame, or any of them, as true, fimple, and done, h.;d ^ ycr |5 I - or made bona fide and upon good Confideration; (3) or fhall alien or affign any the Lands, Tenements, Cro. lac. 270. Goods, Leafes or other Things before-mentioned, to him or them conveyed as is aforefaid, or any Part thereof; (4) fhall incur the Penalty and Forfeiture of one Year's Value of the faid Lands, Tenements and Hereditaments, Leafes, Rents, Commons or other Profits, of or out of the fame ; (5) and the whole Value of the faid Goods and Chattels ; (6) and alfo fo much Money as are or fhall be contained in any fuch covi- ■Wlio fhall have nous and feigned Bond j (7) the one Moiety whereof to be to the Queen's Majefty, her Heirs and Suc- the Forfeiture, - CeflblS,
 * Leon" q" I'm ^ e nac * or mac ^ e ' (3^ to or f° r an Y Intent or Purpofe before declared and expreffed, fhall be from hence-