Page:Ruffhead - The Statutes at Large - vol 6.djvu/484

 4i8 C. 18--20. Anno decimo quarto Georgii II. A. D. 1741. Prftsmble. For former Laws concerning Re- coveries, refer to 6 Ed. 1. c. 11. 13 Ed. 1. f. 4. 7 //. 8. c. 4. 21 //. 8. f. 15. 14 Elia. c. 8. Common Re- coveries to be valid, without furrender of Freehold Leafes. cap. xvm. An Act to indemnify Perfons who have omitted to qualify themfelves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpofe. " Perfons taking " the Oaths of the Act i Geo. i. and receiving the Sacrament, by 28 Nov. 1741. indemnified and re- '"*** capacitated. But Perfons not hereby reftored to Places already avoided or rilled up. E X P." CAP. XIX. An Act for repairing the Roads from a Place called Red Houfe near Doncajler to Wakefield ; and through the faid Town of Wakefield, by Dew/hay, High town and Lightcliff, to the Town of Halifax, in the Welt Riding of the County ot York. PR. Certain Tolls are granted from 20 May 1741, for 21 Years. CAP. XX. An Act to amend the Law concerning Common Recoveries, and to explain and amend an Act: made in the twenty-ninth Year of the Reign of King Charles the Second, intitu- led, An A5i for Prevention of Frauds and Perjuries, fo far as the fame relates to Eftates pur auter Vie. H E R E A S feveral Leafes have been heretofore, and are hereafter likely to be made, of Ho- Caftles, Manors, Lands, Tenements and Hereditaments, for one or more Life or Lives, w nors, What mall make Common R ecoveries Valid. Provifo, Evidence to be allowed of Common Re- soverks. under particular Rents thereby referved, and to be referved : And whereas procuring Surrenders of fuch Freehold Leafes, or the Tenants thereof to join, in order to make Tenants to the Writs of Entry or other Writs for fuffering Common Recoveries, frequently occafions great Trouble, Difficulty and Ex- pence to Tenants in Tail, and the fame cannot in many Cafes be obtained, by reafon of the Uncer- tainty in whom the legal Eftate of Freehold under fuch Leafes is vefted, and alfo by reafon of the Dif- abilities and Incapacities of fuch Lefiees, or Perfons claiming under them, by Means whereof Purchafes and Family Settlements are often delayed, and may be in great Danger of being defeated, if fome pro- per Remedy be not provided :' For Remedy whereof, be it enacted by the King's moft Excellent Ma- jetty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That all Common Recoveries dif- fered or to be fuffered in his Majefty's Court of Common Pleas at Weftminjler, or in any other Court of Record in the Principality of Wales, or in any of the Counties Palatine, or in any other Court having Jurifdiction of the fame, of any Honors, Caftles, Manors, Lands, Tenements or Hereditaments, with- out any Surrender or Surrenders of fuch Leafe or Leafes, or without the Concurrence, or any Convey- ance or Affurance from fuch LefTee or Lefiees, or other Perfon or Perfons claiming under fuch Lefiee or Lefiees, in order to make good Tenants to the Writs of Entry, or other Writs, whereupon fuch Re- coveries have been or (hall be had or fuffered, fhall be as valid and effectual in Law, to all Intents and Purpofes whatfoever, as if fuch Lefiee or Lefiees, or any other Perfon or Perfons claiming under him, her or them, had' conveyed or joined in conveying, or fhall convey or join in conveying, a good Eftate of Freehold to fuch Perfon or Perfons as has or have been, or (hall become, Tenant or Tenants to fuch Writs of Entry, or other Writs, whereupon fuch Common Recoveries have been or (hall be fuffered. II. Provided always, That nothing in this Act contained dial! extend, or be conftrued to exte.id, to make any Common Recoveries valid and effectual in Law, unlefs the Perfon or Perfons intitled to the firft Eftate for Life, or other greater Eftate (in cafe there be no fuch Eftate for Life in Being) in Re- verfion or Remainder next after the Expiration of fuch Leafes has or have by fome lawful Act or Mf am conveyed or allured, or joined in conveying or affuring, or (hall by fome lawful Act or Means cor vey or affure, or join in conveying or affuring, an Eftate for Life at the leaft, to fuch Perfon or Perfo: s as has or have been, or (hall become Tenant or Tenants to the Writs of Entry, or other Writs, wl ere- upon fuch Common Recoveries have been or (hall be fuffered. III. Provided alfo, That nothing in this Act contained (hall be conftrued to extend to prejudice the Eftate of fuch Lefiee or Lefiees, or any Perfon or Perfons claiming any Intereft under fuch Lefiee or Lefiees. ' IV. And whereas, by the Default or Neglect of Perfons employed in fuffering Common Recoveries, ' it has happened, and may happen, that fuch Recoveries are not entered on Record, whereby Purcha- ' fers for a valuable Confideration may be defeated of their juft Rights;' For Remedy thereof, be it further enacted by the Authority aforefaid, That where any Perfon or Perfons hath or have purchafed, or fhall purchafe, for a valuable Confideration, any Eftate or Eitates in Lands, Tenements or Heredi- taments, whereof a Recovery or Recoveries is, are or were neceffary to be fuffered, in order to compieat the Title, fuch Perfon and Perfons, and all claiming under him, her or them, having been in Poffeffion of the purchafed Eftate or Eftates from the Time of fuch Purchafe, (hall and may, after the End of twenty Years from the Time of fuch Purchafe, produce in Evidence the Deed or Deeds, making a Te- nant to the Writ or Writs of Entry, or other Writs for fuffering a Common Recovery or Common Recoveries, and declaring the Uies of a Recovery or Recoveries, and the Deed or Deeds fo produced (the Execution thereof being duly proved) (hall in all Courts of Law an:i Equity be deemed and taken .as a good and Sufficient Evidence for fuch Purchafer and Purchafers, and thofe claiming under him, her or