Page:Ruffhead - The Statutes at Large - vol 2.djvu/686

 636 C, 4. Anno xxvii Reginas Elizabeths. AD. 158$. the Queen's Majefty, her Heirs or Succefiors, as in the -fui'd recited Aft is mentioned, nerw have or en>oy 4 or- have purchafed or obtained, or before any Scire facias fo to be awarded as a-forefaid, fhall have or enjoy, purehafe or obtain bona. fide and upon good Confideration ; any Tfcing in this Aft, or in the before'-mert- tioned Aft to the contrary thereof in any wife notwithftanding. To what a.c- : V. Provided always, and be it enacted, That this Aft of Explanation fhall'- extend only unto firclr as countarjts this have been, or fhall be Tellers, Receivers, Treafurers, Cuftomers, Cofferers of the Houfhold, Farmers of Sututc of Ex- T in poft, Collectors, BnilifF--, Victuallers, and other Officers of Receipts- and Accounts unto-our Sovereign extend? 11 * Lady the Queen's Majefty, her Heirs and Succeffors, and to every of them, their Heirs, Executors art# Aclaiiniftrators, and to no other. Pi-ocefsagainft VI. Provided alio, and be it further enacted by the Authority aforefaid. That in fo<ch Cafts- where niy the nt' where Account fhall or ought to be made, or any Debts fhall be owing' in the Cowpts-of the Duchy of Lmicajhi. eth in ihfcoTr' ajlc * Wards and Liveries, or in any of them, then- after the Death of fuch Akxoantant or Debtor as is rnen- of Wards or- tioned in the (aid former Act, in any of the faid laft mentioned Courts, and before fuch Time as any of Duchy- the Lands, Tenements or Hereditaments, defcended unto the Heir of fuch Accountant or Debtor as Heir unto the fame Accountant or Debtor, fhall be fold as aforefaid, fuch F'rocefs fhall be awarded, as hereafter is expreffed; that is to wit, firft a Privy Seal, commanding the fame Heir to mafa perfonal Appearance in the Court out of which the fame Privy Seal fhall be awarded, to fhew Caufe, as in the Writ of Scire facias to b: awarded, out of tire Exchequer is before appointed: (2) And if the fame Heir fhall make Default at the Day of the Return of the fame Privy Seal, That then upon the Affidavit made, that the fame Privy Seal- was duly ferved, either upon the Perfon of the fame Heir, or left at the Place of his or her Dwelling or nroft ufual Abode, an Attachment with Proclamation fhall be awarded againft the fame Heir, and fhall be openly publifhed and proclaimed in fome Market-Town in the County where the fame Heir was laft dwelling, or made his or her ufual Abode, upon fome Market-day there in the Time of open Market, twenty Days at the leaft before the Return thereof: (3) And if upon Return thereof the faid Heir' fhall eft- foons make Default, that then all Things fhall be done and executed for the Sale of the fame Lands, Te- nements and Hereditaments, and for the full Satisfaction of the fame Debt 1 or Farm, in like and as large and ample Manner and Form, to all Intents and Purpofes, as before in this Aft is limited and appointed in Cafes where Default is made upon a Garnifhment or two Nicbih returned upon a Scire facias awarded out of the faid Court of Exchequer. sto-Sale of VII. Provided alfo, and be it likewife enafted, That if the Heir of any Accountant or Debtor before- thc Heir's Lands mentioned, fhall happen to be within the Age of one and twenty Years when any fuch Procefs fhall fortune during, his Mi- to be awarded, that then during the Time of his or her Non-age, this-Aft or any Thing therein contained nonty. fhall not in any wife be extended, executed or put in Ure, as touching, or concerning only the Selling of The Heir's the Lands, Tenements or Hereditaments of any fuch Heir; any Thing in the fame Aft' contained to the Lands liable to contrary in any wife notwithftanding : (%) And yet neverthelcfs, after fuch Time as any fuch Heir fhall ac- Saie eight Years complifh the full Age of twenty-one Years, all' and fingular the Lands, Tenements and Hereditaments* aUer rn/'rr" T defcended unto the fame Heir from any fuch Debtor or Accountant as aforefaid, fhall at all Times during: comp 1 is u ^g Space of eight Years then next enfuing, befubjeft and liable to be fold for the Payment and Satisfaction of her Majefty, her Heirs and Succeffors, according to the Intent and true lY'eaning of this Aft, in fuch. Manner and Form to all Intents and Purpofes, as if the fame Heir had' been of full Age at the Time of the Death of fuch Debtor or Accountant. No Sale of VIII. Provided always, and- be it enafted, That this Aft, or any Thing, therein contained, fhall not ex- i-inds wh«re the t cn d to the Sale of the Lands, Tenements or Hereditaments of any fuch Pleir or Heirs, for or by reafon on l i <v Un u t J«/i i:Uh zn Y Account, Debt or Farm, whereof any fuch Debtor or Accountant have or fhall have a £h:ictus eji, or j-^u.etus . 1. jjjgjjjjHge [ n his or their Life-time. 39 El. c. 7. revived by 1 Jac. 1. c. 2.5. §. 31. C A P. IV. An Act againft covinous and fraudulent Conveyances; tj Kfe. c 5, < fpOraftnuch as not only the Queen's moft excellent Majefty, but alfo divers of her.Highncfs good and- 4 il/ loving Subjefts, and Bodies Politick and Corporate, after Conveyances obtained or to be obtained, 4 and Purchafes made or to be made, of Lands, Tenements, Leafes, Eftates and Plereditaments, for Money 4 or other good Confiderations, may have, incur and receive great Lois and Prejudice by reafon of frau- s duknt and covinous Conveyances, Eftates, Gifts, Grants, Charges and Limitations of Ufes heretofore s made or. hereafter to be made, of, in or out of Lands, Tenements or Hereditaments fo purchafed or.to 4 be purchafed;, (2) which faid Gifts, Grants, Charges, Eftates, Ufes and Conveyance s were, or here-- 5 ' after fhall be, meant and intended by the Parties that fo make the fame to be fraudulent and covinous, of' 4 Purpofe and Intent to deceive fuch as have purchafed or fhall purchafe the fame ; (3) or elfe by. the fecret ' Intent of the Parties the fame be to their own proper Ufe, and at their free Difpoiition, (4.) coloured ne- ' verthelefs by a fained Countenance and Shew of Words and Sentences, as though the fame were made ' bona fule, for good Caufes, and upon juft and lawful Confiderations-:' So-Ed. 3. e. 6. II. For Remedy of which Inconveniencies, and for the Avoiding of fuch fraudulent, fained and covinous 2JI.2.. Siati-L. Conveyances, Gifts, Grants, Charges, Ufes and Eftates, and for the Maintenance of upright and juft' '• 3; Dealing in the purchasing of Lands, Tenements and Hereditaments ; (2) Be it ordained and enafted by the ■ fraudulent Con- Authority of this prefent Parliament;^ 1 hat all and every Conveyance, Grant, Charge, Leafe, Eftate, In- jey.mcss Budc cumbrance and Limitation of Ufe or Ufes, of, in or out of any Lands, Tenements or other Hereditaments 3 what-