Page:Ruffhead - The Statutes at Large - vol 3.djvu/434

 56 C. 3. Anno vicelimo nono C aro li IF. A. D. 1676. ttc. X. All J be it further enrifced by tlie AiLt'iority aforefaid, That from and after the faid four and twentieth Perfons be in any Manner of wife feifeJ or pofleflcd, or hereafter fliall be feifed or pollefTed, in Truft for him againft whoni Execution is fo Aicd, like as the Sherift or other Officer might or ouf^ht to have done, if the faid Party againfl whom Execution hereafter (liall be fo fued, had been feifed of fuch Lands, Tenements, Rcdlories, Tithes, Rents or other Hcreditamciits of fuch Eftate as they be feiled of in Truftfor him at the An.l held free Time of the faid Execution fuod ; (z) which Lands, Tenemenis, ileflories. Tithes, Rents and other firm the In- _ p-lercuitarnents, by Force ?nd Virtue of fuch Execution, ihall accordingly be held and enjoyed freed and "^i™i'!?f"' "*' difcharged from all Ijicumbrances of fuch Pcrfon or Perfons as fhall be fo feifed or poffefled in Truft for the fiHL-d'in Trjft Perfon againft whom fuch Execution (hall be fued ; (3) and if any Cejiuy que Truft hereafter fliall die, lea- 'J'rufl itall be" ving a Truil in Fce-fimple to defcend to his Fleir, there and in every fuch Cafe fuch Truft fliall be deem- Afle;sin ihe ed and taken, and is hereby declared to be, Aflets by Defcent, and the Fleir fhall be liable to and charge- Hantis of Heirs, able with the Obligation of his Anccftors for and by reafon of fuch AfP^ts, as fully and amply as he might " ■^='"•2^8. Qc ought to have been, if the Eftate in Law had deicended to him in Poflefilon in like Manner as the Truft "^ ■ dcfcendrd ; any Law, Cuflom or Ufage to the contrary in any wife notwithftanding. No Heir fliall X[. Provided always, That no Heir that fliall become chargeable by reafon of any Eftate or Truft made '7 '^^f'^^h" Affets in his Hands by this Law, fiiall by reafon of any kind of Plea or ConfeiTlon of the Adion, or fuffef- chai-cabirof"^ '"R Judgment by KicKt dedlre^ or any other Matter, be chargeable to pay the Condemnation out of his own hisown Eflate. Eftate; (2} but Execution fliall be fued of the v/hole Eftate fo made Aflets in his Hands by Defcent, in whofe Plands foever it fliall come. after the Writ purchafed,. in the fame Manner as it is to be at and by the ■ Common Law, where the Heir at Law, pleading a true Plea, Judgment is prayed againft him thereupon;. any Thing in this prefent A£l contained to the contrary notwithftanding. Eftates jiurnuter XIL And for the Amendment of the Law in the Particulars following; [t] Be it further enaiSied by ,,i« /Tinll ka ,^0 ^l_ _ A __^T r. ^_ - r. ._^r.! ! tm, _^r c i_ t7/i_^_ ,_ __,.__^.-/i_-lii__j :/-i_l_i _TTr-ii ■ ttt* §.i,. . . . . - ,^- -- And(ha!l be Af- no fuch Devife thereof be made, the fame fliall be chargeable in the Hands of the Heir, if it fhall come tO' fetsin the Heir's him by reafon of a fpecial Occupancy, as Afiets by Defcent, as in Cafe of Lands in Fee-fimple ; (^j and' Hand. jj., Q.jfg there be no fpecial Occupant thereof, it fhall go to the Executors or Adminiftrators of the Party that hnof e"!l Oc! ^^'i ^^'^ E^^ts thereof by Virtue of the Grant, and fliafl be Afl'ets in their Hands. cijoant, fta!l go ' XIIL And whereas it hath been found mifchievous, that Judgments in the King's Courts at TVeftminJier tothe Execiitois. ' do many Times relate to the firft Day of the Term whereof they are entred, or to the Day of the Return Carthew 376. ' of the Original, or Filing the Bail, and bind the Defendants Lands from that Time, although in Truth a.Saik. 404. c |.[^„y ^^y-^ acknov/ledged or fuffered and flgned in the Vacation-time after the faid Term, whereby many c. 507'"^'^' ' Tim.es Purchafers find themfelves aggrieved :' 'JheDavof ' XIV. Be it cnaiSed by the Authority aforefaid. That from and after the faid four and twentieth Day of Sit^iiin^anv ./"'-^ ^ny J^^ge or Oilicer of any of his Majefty's Courts of /Fi?y?w/n/?«-, that fliall flgn any Judgments,, Judgment (li ill fliall at the figning of the fiimc, without Fee for doing the fame, let down the Day of the Month and Year beentreJ on of his fo doing, upon the Paper Book, Docket or Record which he fliall fign; which Day of the Month ih'^ R^Yi'"^"' ° ^'"^' ^^'^^ fhall be alfo entred upon the Margent of the Roll of the Record where the faid Judgment fliall, ■ r^;„ ri" f, be enttcd. X nis Llaui'.^ c;:tenJs to Counties Pala;ine hy S Geo. i. c. 25. . 6. And fuch j«Hg- XV. Aind be it enacSied, That fuch Judgments as againft Purchafers honapde for valuable Conflderation of . p5"""^^ '■■;'■"'} Lands, Tenements or Hereditaments to be charged thereby, fiial! in Coniideration of Law be Judgments rcl'/te tofucil " °"'y flom fuch Time as they fhall be lb figned, and fliall not relate to the firft Day of the Term whereof Time only. they are entred, or the Day of the Return of the Original or Filing the Bail ;- any Law, Ufage or Courfe of ^. ,„_ any Court to the contrary notv/ithftanding. cution fiiali bind XVL And be it further enafted by the Authority aforefiid. That from and after the faid four and twen- thePropeity of tieth Day of 'June no Writ oi Fieri facias or other Writ of Execution fhall bind the Property of the Goods Goods but from againft whom fuch Writ of Execution is fued forth, but from the Time that fuch Writ fliall be delivered theXimeoftheir to the Sheriff, Unc'er-Sheriff or Coroners, to be executed : And for the better Manifeftation of the faid Offic'e"^ '" ''^^ Time, the Sheriff, Under-Sheriff and Coroners, their Deputies and Agents, fliall upon the Receipt of any i.Salk.'jio. fuch V/rit, (without Fee for doing the fame) endcrfe upon the Back thereof the Day of the Month or Csitbevv 419. Year whereon he or they received the fame. ] MoJ. i83. XVn. And be it further enacted by the Authority aforefaid, That from and after the faid four and twen- r^t^'n'^J' tieth Day of June no Contrail: for the Sale of any Goods, Wares and Merchandizes, for the Price of ten .safe's of Goo'ds Poinds Sterling or upwards, fhall be allowed to be good, except the Buyer fhall accept Part of the Goods for ten Pounds fo fold, and aflually receive the fame, or give fomething in earneft to bind the Bargain, or in Part of Pay- or more. mcnt, or that feme Note or Memorandum in Writing of the laid Bargain be made and figned by the Parties Thuan. Hift. to be charged by fuch ContracSt, or their Agents thereunto lawfully authorized. -i-he'Da^of the XVllL /..nd be it further enafted by the Aaithority aforeiai_d. That the Day of the Month and Year of Enrdment'or^ '^^ Enrolment of the Recognizances ftiall be fet dov/n in the Margent of the Roll where the (aid Recogni- Recosnizanres zances are enrolled ; (7.) and that from and after the faid four and twentieth Day of June no Recognizance Jliallbefet down, fhall bind any Lands, Tenements or Hereditaments in the Hands of any Purchafer Vona fide and for Valua- and Lands in the fjig Confldcration, but from the Time of fuch Enrolment; any Law, Ufage or Courfe of any Court tothe 't"r*°b "d' contrary in any wife notwithftanding. from that Time ' XIX. And for Prevention of fraudulent Prafiices in fetting up Nuncupative Wills, which have been, only. 3 ' the