Page:Ruffhead - The Statutes at Large - vol 3.djvu/160

 :p 112 C. 25. Anno viceliino primo Jacobi I. A. D. 1623, fembled, and by the Authority of tiie fame. That from and after the End of this prefent ScRion of Par- , A new Execu- liament, the Party or Parties, at whofe Suit or to whom ?ny Perfon (hall Hand charged in Execution for tionmaybea- any Debt or Damages recovered, his or their Executors or Adminiftrators, may after the Death of the theLandTof"" laid Perfon lb charged and dying in Execution, lawfully fue forth and have new Execution againft the him that dies in Lands and Tenements, Goods and Chattels or any of them, of. the P.erfon fo deceafed, in fuch Man- Execution, ner ?nd Form, to all Intents and Purpofes, as he or they or any ;of them, might have had by the Laws .and Statutes of this Realm, if fuch Perfon fo deceafed had never been taken or charged in Execution. This Aft (hill JIL Provided always, and be it declared and enadted, That this Acft (hall not extend to give Liberty Land" nd bona ^° ^'^y Perfon or Perfons, their Executors or Adminiftrators,, at whofe Suit or Suits any fuch Party fliall fide, * ° rbe in Execution, and die in Execution, to.Jhave or take any new Execution againft any the Lands, Te- nements or Hereditaments of fuch Party Jo dying in Execution, which fliall at any Time after the faid Judgment or Judgments be by him fold bona fide., for the Payment of any of his Creditors, and ■ • the Money which maU be paid for the Lands fo fold, either paid or fecured to be paid to any of his Cre- Mditors, with their Privity and Confent, in Difcharge of .his or their due Debts, or of fome Part thereof; any Thing before in this A6t to the contrary, thereof in ar.y wife notwithftandipg, e A p. xxy. .An A(5l for the Relief of Patentees, Tenants and Farmers of Crown-Lands and Diichy-Lands, or of Lands within the Survey of the Court of Wards and Liveries, in Cafes of Forfeiture ■ for not Paynient of their Rents, or other Service or Duty. ^Orafmuch as the King's Majefty, out of his gr^acjous Difpofition, is and ever hath been averfe _ from taking any Advantage, howfogv.er lawful' and juft, againft any of his Subjedts, growing by any Forfeiture, Breach of Condition, or ftridt Interpretation of his Highnefs Grants or Letters Pa- tents, or the Grants or Letters Patents of any of his Royal Predeceffors, of any Manors, Lands, Te- nements or Hereditaments; .(z) and yet the Grantees. or Patentees deriving their Eflates by or from ' his Majefty or his Predeceflbrs, have been too apt and ready to exaidl the Advantage of fuch For- ' feiture, where his Majefty himfelf or his PredeceiTors have riot required the fame, which hath been ' ever held an unequal and extreme Courfe, and hath many Times been .relieved by Suits in Courts ' of Equity, though with the great Charge and Trouble of the Parties endangered thereby :' No Advantage II. For Remedy whereof as well where the King as any of his Predeceflbrs or Succeflbrs hath granted ftiai'be taken a- or (hall grant the faid Manors, Lands, Tenements or Hereditaments, or any Part thereof, or the Re- ■ prt"nteesorTe!verrion or any Part thereof, to any other, as where the Reverfion, Remainder or Eftate thereof is or nantsforNon- fliall be in the King's Majefty, or his Succeflbrs, in the Right of the Crown of Engl(md,_ or Duchy ' payment of of Laiicofler, or otherwife, his Majefty of his abundant Grace towards his loving Subjects is gracioufly gB,ent,,&c. pleafed that it be enaded; (z) and be it enaded by the King's moft excellent Majefty, by and with the AlTent of the Lords Spiritual and Temporal, and Commons, in this p3;efent Parliament alTembled, and ■ by the Authority of the lame. That if any Perfon or Perfons, Bodies Politick or Corporate, having, ■ holding or poflTeirmg, or which hereafter (hall have, hold or poflefs, any Manors, Lands Tenements or Hereditaments, bv virtue or Colour of any original Grant or Leafe, or Afllgnmem of the fame, made " by the King's Majefty, or any of his PredeceiTors, or to be made by any of:his Succeflbrs, for any Number of Years, for Life or Lives, in Fee-tail or Fee-fimple, or other Eftate, whereupon ?jiy Rent, Service or other, Duty hath been, is or fliall be referved or payable with or under any Condition or Li- mitation of Re-entry, Cefler, or to be void for Default. of Payment of fych Rent, or Performance of fvich Service or Duty, heretofore hath made, or any other by, from or under whom he claimeth, hath made, or any which hereafter (hall h^ve, hold or polfefs, fliall make any Default therein, and yet after fuch Default jnade, fuch Rent, Service or. other Duty hath been or (hall be anfwered, paid or done . unto his Majefty, or .any of .his Predeceflbrs or SuccelTors, into his or their Receipt of the Exchequer, or Duchy of LancaJJer, or Court of Wards, or to any other having Authority to receive the fame, as the Cafe (hall require, before any Advantage of fuch Forfeiture or Caufe of Forfeiture hath been or fliall be taken, and before any Commiflion awarded to enquire, or other Procefs ilTued touching the faid For- feiture, or Non-payment of Rent, that in all fuch Caies no Advantage (hall be taken by his Majefty, his Heirs or Succeflors, of, for or by Reafon of any fuch Forfeiture or Caufe of Forfeiture, III. And be it further enadted. That no Perfon or Perfons claiming, or which afterwards fliall claim, by, from or under his Majefty, or any of his Predeceflbrs or SuccelTors, at any Time after fuch Caufe or Title of Forfeiture given, (hall in any wife have or take any Benefit or Advantage, by Reafon, Means ; or Colour of fuch Default made or to be madej (z) but that every fuch Eftate forfeited or forfeitable by Means or Occafion of fuch Default of Payment or Rent, or Performance of Service or other Duty, (hall be adjudged to continue and have its Being, as if no fuch Default or Caufe of Forfeiture had been hajl jor made; any Law, Cuftom or Ufage to the contrary thereof in any wife notvvithftanding. - C A Pi ■ U