Page:Ruffhead - The Statutes at Large - vol 6.djvu/485

 A. D. 1741. Anno dccimo quarto Georgii II. C. 21, 22. 419 or them, that fuch Recovery or Recoveries was or were duly fuffered nnd perfected according to the Purport of fuch Deed or Deeds, in cale no Record can be found or fuch Recovery or Recoveries, or the fame ihouid appear not to be regularly entered on Record : Provided always, that the Perfon or Perfons I'rorHo. making fuch Deed or Deeds as afore/aid, and declaring the Ufes of a Common Recovery or Recover! :s, had a iufficient Eftate and Power to make a Tenant to luch Writ or Writs as aforefaid, and to fuffer fuch Common Recovery or Recoveries. ' V. And whereas it has frequently happened, that the Deeds for making the Tenants to the Writs ' of Entry or other Writs for fuffering Common Recoveries, have been loft, or that the Fines or Deeds, ' making the Tenants to the faid Writs, have not been levied or executed till after the Judgment given « in fuch Recoveries, and the Writ of Seifin awarded, by Reafon whereof great Doubts Have arifen, whe- ' ther fuch Recoveries, for want of proper Tenants to the' Writs, are good and effectual in Law ; ' To prevent fuch Doubts for the future, and in order to render Common Recoveries more certain and effectual, be it enacted by the Authority aforefaid, That every Common Recovery already fuffered, Common Rr- or hereafter to be fuffered, thai', after the Expiration of twenty_ Years from the Time of the fuffering ^"l^"" 1, thereof, be deemed good and valid to all Intents and Purpofcs, if it appears upon the Face of fuch Re- y'K)?,, n'!. u- covery, that there was a Tenant to the Writ ; and if the Perfons joining in fuch Recovery had a fuffi- deew i viiiQ. cient Eftate and Power to fuffer the fame notwithstanding the Deed or Deeds for making the Tenant to fuch Writ (hould be loft or not appear. VI. And be it further enacted by the Authority aforefaid, That from and after the Commencement of Recovery toiw this Act, every Recovery already fuffered, or hereafter to be fuffered, fhall be deemed good and valid ^oueini* n<*4 to all Intents and Purpofes, notwithstanding the Fine, or Deed or Deeds, making the Tenant to be executed "af- fuch Writ, ihouid be levied or executed after the Time of the Judgment given in fuch Recovery, and 'er the Time, the Award of the Writ of Seifin as aforefaid, provided the fame appear to be levied or executed before the End of the Term, Great Seflion, Seflion or Affizes, in which fuch Recovery was fuffered, and the Perfons joining in fuch Recovery had a fufficient Eftate and Power to fuffer the fame as aforefaid. VII. Provided always, That nothing in this Act contained fhall extend, or be conftrued to extend, to What Recova- make any fuch Common Recovery heretofore fuffered valid and effectual in Law, which has been avoid- ries notto be ed by any lawful Act or Means, or which fhall hereafter be avoided by Entry duly made on or before the ma s va l " v fixteenth Day of 'January one thoufand feven hundred and forty, or by Judgment or Decree had or ob- tained upon fome Action or Suit at Law or in Equity, commenced or to be commenced on or before the faid fixteenth Day of January, and profecuted with due Diligence ; but every fuch Common Recovery ihall remain and be of fuch Force and Effect only, as the fame would have been if this Act had never been made, and of no other Force or Effect. VIII. Provided, That nothing in this Act contained fhall be conftrued to prejudice or affect any Que- Provifa. ftion of Law, which may arife upon Common Recoveries not remedied or intended to be remedied by this Act ; but all fuch Common Recoveries (hall remain and be of fuch Force and Effect, as the fame would have been if this Act had never been made, and of no other Force or Effect. ' IX. And whereas by an Act made in the twenty-ninth Year-of the Reign of King Charles the Se- 20 Car. 2. c. 3. ' cond, intituled, An Aft for Prevention of Frauds and Perjuries, amongft other Things, it is enacted, That l^f'^'J' ' Eftates pur auter Vie, whereof no Devife ihouid be made, ihouid, in cafe there ihouid be no fpecial ' Occupant thereof, go to the Executors or Adminiftrators of the Party that had the Eftate thereof by ' virtue of the Grant, and Should be Affets in their Hands : And whereas Doubts have arifen, where ' no Devife has been made of fuch Eftates, to whom the Surplus of fuch Eftates, after the Debts of fuch ' deceafed Owners thereof are fully fatisiied, fhall belong ;' Be it enacted by the Authority aforefaid, That fuch Eftates pur auter Vie, in cafe there be no fpecial Occupant thereof, of which no Devife ihall Surplus of Ef- have been made according to the faid Act for Prevention of Frauds and Perjuries, or fo much thereof " tes ,f" r J "" r as (hall not have been fo devifed, ihall go, be applied and diftributed, in the fame Manner as the Per- pi £, jfrVnot fonal Eftate of the Teftator or Inteftate. devifed. CAP. XXL An Act to indemnify Proteftant Purchafers of Eftates of Papifts, againft the Penalties or Forfeitures Pa-, pifts are liable to, for not having ir.rolkd their Eftates, in purfuance of an Act of the third Year of the Reign of his late Majefty King George the Firft, for that Purpofe. ■' Further Time given to " inroll Purchafes made before 29 Sept. 1 741, to z$ March 17+2. Judgments already given not to « be made void." EXP. CAP. XXII. An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, fon:the further Term of feven Years ; and for allowing Rock Salt to be ufed in making of Salt from Sea Wa- ter at the Salt Works at Neath in the County of Glamorgan. " Claufe of Loan for 1,200,000/. at " 4/. per C fit. Treafury to take an Account of the faid Monies railed by Loan or Exchequer Bills, " at Michaelmas 1742. Deficiency to be made good out of the next Aids granted after Michaelmas " 1742, or Sinking Fund, and replaced out of the next Supplies. Surplus to be difpofed of by Par- " liament. EXP. ' XIX. AND whereas by an Act made in the firft Year of the Reign of her late Majefty Queen 1 Ann.fi, i. XV Anne, it is enacted, That no Rock Salt whatfoever (hall be refined or made into White j;-"- ' Salt in any Place or Places whatfoever within the Kingdom of England, Dominion of JFales, or Town ^a} x, ""' 12. ' of Berwick upon. Tweed, except in fuch Places as are or (hall be within ten Miles Distance of the refpec-^ Anr.. .-. 29. H h hi * tive