Page:Ruffhead - The Statutes at Large - vol 3.djvu/530

 482 C. 14. Anno tcrtio Gulielmi Sc Mari^. A. D. i^gryi deemed and taken (only as againft fuch Creditor or Creditors as nforcfaid, his, her, and their Heirs, Sue-' cefTors, Executots, Adminiftrators, and Affigns, and every of thc-ni) to be fraudulent, and clearly, abfo-' rin. r. 13. 5H-lute}y, and utterly void, fruftrate, and of none Efi^eit ; any Pretence, Colour, feigned or prefumed Con- fideration, or any other Matter or Thing to the contrary notwithftanding. Debt ufon Bond HI. And for the Means that fuch Creditors may be eiiabled to recover'their faid Debts, be it further en- jointly fuabje ji£ied by the Authority aforefaid, That in the Cafes before mentioned, every fuch Creditor ihall and may and otvifce rf " '^^^^ ^""^ maintain his, her, and their Acftion and Aftions of Debt, upon his, her, and their faid Bonds an Obligor. and, Specialties, againll the Heir and Heirs at Law of fuch Obligor or Obligors, and fuch Devifee and Deviiee charge. Dcvifees, jointly by virtue of this Aft ; and fuch Devifee or Devif.-es fhall be liable and chargeable for a able for a falfe falie Plea by him or them pleaded, in the iame Manner as any Heir fhould have been for any falfe Plea'by Pleaj.asan.Heir.jjjjj., pigj^fjecl, or for not confeliing the Lands or Tenements to him defcended; Devi fe for raif. IV. Provided always, and be it enacted by the Authority aforefaid, that where there hath been or (ball ing Portions, be any Limitation or Appointment, Devife or Difpofition, of or concerning any Manors, JVlefl'uages < ivUy''^'^ 'c^ -Lands, Tenements, or Hereditamens,- for the raifing or Payment of any real and jufl Debt or Debts,. or ; t,.^'^"^^oj_ °"' any Portion or Portions, Sum or Sums of Money, for any Child or Children of any Perfon, other than ; the tieir at Law, according to, or in purfuance of any Marriage Contraft or Agreement in Writing bma J 'Jrde made before fuch Marriage, the Tame and every of them fhall be in full Force; and the fame A'^nors :i Meffuages, Lands, Tenements, and Hereditaments, fhall and may be holden and enjoyed by every fuch ' Perfon or Perfons, his, her, and their Heirs, Executors, Adminiftrators, and Affigns, for whom the i faid Limitation, Appointment, Devife, or Difpofition was made, and by his, her, and their Trufiee oj ■ Truftees, his, her, and their Heirs, Executors, Adminiftrators, and Affigns, for fuch Eftate or Inteteft' i as. fhall be fo limited, or appointed,^ devifed or difpofed, until fuch Debt or Debts, Portion or Por- i| tipns, ihall be raifed, paid, and fatished ; any Thing in this Acb contained to the contrary notwith- ' < flanding. ■ - JftlieHeir ali- ' V. And whereas feveral Pcrfons being Heirs at Lav/, to avoid the Payment of fuch juft Debts, as in 1 t-nc: before Afli- c regard of the Lands, Tenements, and Elereditaments defcending to them they have by Law been lia- i 1 ftaii'beH^abie^to' ^^^ '^ P^^^' ^''^^ ^'-'^'^' ^hened, or made over fuch Lands, Tenements, or Hereditaments, before any Pro-i '■ the Vdiue oe ' cefs was or could be iffued out againft them ;' Be it further enafted by the Authority aforefaid. That in I :i the Land. all Cafes where any Heir at Law fhall be liable to pay the Debt of his Anceftor in regard of any Lands,- < Tenements, or Hereditaments defcending to him, and {hall fell, aliene, or make over the fame, before any ' Aftion brought, or Procefs fued out againft him, that fuch Heir at Law fhall be anfwerable for fuch Debt i or Debts, in an Aftion or Aftions of Debt, to the Value of the faid Land fo by him fold, aliened, or made - ." Creditors pre- over; in which Cafes all Creditors. {hall be preferred, as in Aftions againft Executors and Adminiftrators, ' '1 lerred, as in ^^^^ ^^^^^ Execution {hall be taken out upon any Judgment or Judgments fo obtained againft fuch Heir, to ' the Value of the faid Land, as if the fame were his own proper Debt or Debts ; faving that the Landsj^; 1 Tenements, and Hereditaments bona fide aliened before the Aftion brought, fhall not be liable to fuch Exe- ( J cution. _ _ ■ ! i VL Provided always, and be it further enafted by the Authority aforefaid. That where any Aftion-'of ^ k Aflions againft EKcutors, Value of the- -from his Anceftor before the original Writ brought, prrBill -filed ; and if upon Iffue joined thereupon, Lands. Other-" it be found for the Plaintiff, the Jury-fhall enquire of the Value of the Lands, Tenements, or Heredita-.; | "'^' i*^ i"'^^' nients fo defcended, and thereupon Judgment fhall be given, and Execution fhall be awarded as aforefaid; ! ftffion ^for'^Debt'^'-^ if Judgment be given againft fuch Heir by Confeffion of the Aftion, without confeffing the Aflets de- ', and Damages, fcended, or upon Demurrer, or Nihil elicit, it fhall be for the Debt and Damages, without any Writ to ] Carthew353, enquire of the Lands, Tenements, or Hereditaments fodefceiided. -'j 354- _ ■ • - ■ I ■' Devifee charge- VIL Provided alfo^ and be it further enafted. That all and every Devifee, and Devifees, made liable i ii able as Heir, j^y this Aft, fliall be liable and chargeable in the fame- Manner as the Heir at Law by Force of this h€t:, j 1 notwithflanding the Lands, Tenements, and Hereditaments, to him or them devifed, fhall be aliened before ] To continue for the Aftion brought. Provided always. That this Aft fhajl be in Force for three Years, and to the End i 3 Years. ©f the next Seffion of Parliament after the Expiration of the faid vthree Years and no longer. [Madeper'- | petiud by 6 & 7 W. 3. cap. 14.3 . . ..:. C A^,