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Hob.166.

Cro. Jac. 270.

The parties to such fraudulent Feoffment, Gift, Grant, The penalties on persons being Alienation, Bargain, Conveyance, Bonds, Suits, Judgments, parties to such Executions, and other things before expressed, and being privy Deeds. and knowing of the same, which shall wittingly and willingly Co. Pla. 162. put in ure, avow, maintain, justify, or defend the same, or any Dyer, 351. of them, as true, simple, and done and made upon good consi- Cro. Eliz. 645. deration, or shall alien or assign any the Lands, Tenements, Goods, Leases, or other things before mentioned, to him or them conveyed, as is aforesaid, or any part thereof, shall incur the penalty of one year's value of the said Lands, Tenements, and Hereditaments, Leases, Rents, Commons, or other profits of or out of the same, and the whole value of such Goods and Chattels, and also so much Money as shall be contained in any such covinous and feigned Bond, the one moiety whereof to the Queen, and the other moiety to the party grieved by such fraudulent Feoffment, &c., to be recovered in any Court of Record by action, &c.; and also being thereof lawfully convicted, shall suffer imprisonment for one half year, without bail or mainprize. s. 3.

Recoveries,

This act shall not extend to Common Recoveries against Not to extend Tenants in Tail, &c., the Reversion, &c. then being in another to Common person. s. 4. Nor to make void any Conveyance, by reason Voucher in whereof any person shall use any voucher in any writ of Forme- Formedon, &c. don. s. 5. Nor to any Estate in Lands, &c. made upon good consideration, and bonâ fide conveyed to any person or body politic, &c. s. 16.

void.

Lane, 47.
Bridgm. 22,
Goldsb. 8. pl. 11.
Co. 80.

The Statute 27 Eliz. c. 4. (made perpetual by 39 Eliz. c. 18. All fraudulent s. 19.) reciting that Subjects and Corporations after Conveyances and Limitation Conveyances and Purchases of Lands, Tenements, Leases, Estates, and of Uses shall be Hereditaments for Money or other good consideration, may incur loss and prejudice by reason of fraudulent and covinous Moor, 602. Conveyances, Estates, Gifts, Grants, Charges, and Limitations pl. 833. 615. 843. of Uses made or to be made in or out of Lands, Tenements, 1 Roll. 167. or Hereditaments purchased; which said Conveyances, &c. were or shall be meant by the parties to be fraudulent and covinous of purpose to deceive such as shall purchase the same, or else by the secret intent of the parties, the same be to their own proper use and at their free disposition, coloured neverthless by feigned countenance and shew of words and sentences, as though the same were made bonâ fide, &c.; for remedy whereof, and avoiding such fraudulent Conveyances, it enacts, that every Conveyance, Grant, - Charge, Lease, Estate, or Incumbrance, and Limitation of use or uses, of, in, or out of any Lands,

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a

3

5 Co. 60. 6 Co. 72. II Co. 74.

Cro. Eliz. 44.
Cro. Jac. 168.

Co. Entr. 677.

Hob. 166.

The punishment of the parties

the same in ure.

Tenements, or other Hereditaments, had or made heretofore, &c. or at any time hereafter, for the intent and of purpose to defraud and deceive such person or persons; Bodies Politic or Corporate, as have or shall afterwards purchase in Fee Simple, Fee Tail, for life, lives, or years, the same Lands, Tenements, and Hereditaments, or any part thereof, so formerly conveyed, granted, leased, charged, incumbered, or limited in use, or to defraud and deceive such as have or shall purchase any rent, profit, or commodity in or out of the same or any part thereof, shall be deemed and taken only as against the person and persons, Bodies Politic and Corporate, his and their Heirs, Successors, Executors, Administrators, and Assigns, and against every person lawfully claiming under the same, which hereafter shall so purchase for money or other good consideration the Lands, &c. or any part thereof, or any rent, profit, or commodity out of the same, to be utterly void.

The parties to such feigned, covinous, and fraudulent Gifts, thereto putting Grants, Leases, Charges, or Conveyances before expressed, or being privy and knowing of the same, which shall wittingly and willingly put in ure, avow, maintain, justify, or defend the same, and as true, simple, and done bonâ fide, or upon good Consideration, to the disturbance or hindrance of the said Purchaser, Lessee, or Grantee, or to the disturbance or hindrance of their Heirs, Successors, Executors, Administrators, or Assigns, or such as shall lawfully claim any thing under them, shall incur the penalty and forfeiture of one year's value of such Lands, Tenements, and Hereditaments so purchased or charged, one moiety to the party grieved by such fraudulent Gift, &c.; and the other moiety to the Queen; and also being thereof lawfully convicted, shall suffer imprisonment for one half without Bail or Mainprize. s. 3.

year

Disclaimer.

No Felon in

Wales shall dis

seigniory.

It is Ordained and Established, that no Thief nor Felon in claim out of the Wales openly known, be suffered to disclaim out of the Seigniory where the Felony was done, and that such manner of disclaiming be utterly put out; and that as well the said Thieves openly known as other Thieves, be put to answer as privy to the said Indictments or Accusements in the same Seignories where the Thieves be taken, without being delivered by disclaiming or by Letters of Mark in any manner. 9 H. 4. c. 4. And see title WALES.

Disseisin.

Disseisors.

Restitution by

the Sheriff of

If any be disseised of their Freehold, and before the Jus- Punishment of tices in Eyre have recovered Seisin by Assize of Novel Disseisin, or by Confession of them which did the Disseisin, and the Disseisee hath had Seisin delivered by the Sheriff, if the same Disseisors, after the Circuit of the Justices, or in the meantime, have disseised the same Plaintiff of the same Freehold, and thereof be convict, they shall be forthwith taken and committed and kept in the King's Prison, until the King hath discharged them by fine, or by some other mean: and this is the form how such convict persons shall be punished; that is to say, When the Plaintiffs come into the Court of our Lord the King, they shall have the King's Writ, directed to the Sheriff, in which must be contained the Plaint of Disseisin framed upon the Disseisin. And then it shall be commanded to the Sheriff, that he, taking with him the Keeper of the Pleas of the King's Crown, and other lawful Knights, in his proper person shall go unto the Land or Pasture where the Plaint hath been made, and that he make before them by the first Jurors and other neighbours and lawful men, diligent Inquisition thereof; and if they find him disseised again, (as before is said) then let him do according to the provision afore mentioned; but if it be found otherwise, the Plaintiff shall be amerced, and the other go quit. Neither shall the Sheriff execute any such Plaint without special Commandment of the King. In the same manner shall be done to them that have recovered their Seisin by Assise of Mort dauncester; and so shall it be of all Lands and Tenements recovered in the King's Courts by Inquests, if they be disseised after by the first Deforecors, against whom they have recovered anywise by Inquest. 20 H. 3. c. 3.

They which be taken and imprisoned for Re-disseisin shall not be delivered without Special commandment of our Lord the King, and shall make fine with our Lord the King, for their Trespass. And if it be found that the Sheriff delivereth any contrary to this Ordinance, he shall be grievously amerced therefore; and nevertheless they which are so delivered by the Sheriff without the King's commandment shall be grievously punished for their Trespass. 52 H. 3. c. 8.

Lands disseised..

The punishment of persons disturbing, &c.

dissenting Congregations, Preachers, or Teachers.

Dissenters.

The Statute 1 W. & M. c. 18. (for exempting dissenting Protestant subjects from the penalties of certain Laws), enacts, (s. 18.), that if any person or persons at any time or times after 10 June 1688, do and shall willingly and of purpose maliciously or contemptuously come into any Cathedral or Parish Church, Chapel, or other Congregation permitted by this act, and disquiet or disturb the same, or misuse any Preacher or Teacher, such person or persons, upon proof thereof before any Justice of Peace by two or more sufficient witnesses, shall find two Sureties, to be bound by recognizance in the penal sum of £50; and in default of such Sureties shall be committed to Prison, there to remain till the next General or Quarter Sessions; and upon Conviction of the said Offences at the said General or Quarter Sessions, shall suffer the pain and penalty of £20 to the use of the King and Queen Majesties, their Heirs and Successors. The Toleration Act, 31 G. 3. c. 32. s. 10. contains a similar clause to the above. See title RELIGION.

any

The Statute 52 G. 3. c. 155. "to repeal certain acts and amend other acts relating to Religious Worship and Assemblies, and persons teaching or preaching therein," enacts (s. 12.) that if person or persons at any time after the passing of this act, do and shall wilfully and maliciously or contemptuously disquiet or disturb any Meeting, Assembly, or Congregation of persons assembled for Religious Worship permitted or authorized by this act or any former act or acts of Parliament, or shall in any way disturb, molest, or misuse any Preacher, Teacher, or person officiating at such Meeting, Assembly, or Congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof before any Justice of the Peace, by two or more credible witnesses, shall find two Sureties, to be bound by Recognizance in the penal sum of £50, to answer for such Offence; and in default of such Sureties shall be committed to Prison, there to remain till the next General or Quarter Sessions, and upon Conviction of the said Offence at the said General or Quarter Sessions, shall suffer the pain and penalty of forty pounds.

This latter enactment, though evidently copied from that of 1 W. & M., does not purport to repeal the clause in that or other former acts, but expressly otherwise refers to them, and for these reasons both clauses are inserted in this compilation.

Distress.

"Whereas at the time of a Commotion lately stirred up within this Realm, and also sithence, many great men, and divers other, refusing to be justified by the King and his Court, like as they ought and were wont in time of the King's noble Progenitors, and also in his time; but took great Revenges and Distresses of their Neighbours, and of other, until they had amends and fines at their own pleasure; and further, some of them would not be justified by the King's Officers, nor would suffer them to make Delivery of such Distresses as they had taken of their own authority:" It is Provided, Agreed, and Granted, that Henceforth all all persons, as well of high as of low estate, shall receive persons shall receive justice in justice in the King's Court; and none from henceforth shall the King's Courts, and not take any take any such Revenge or Distress of his own authority, without revenge or dis award of our Court, though he have Damage or Injury, tress of their own authority; whereof he would have amends of his neighbour, either higher or lower. And upon the foresaid article it is provided on pain of and granted, that if any from henceforth take such Revenges Fine. punishment by of his own authority, without Award of the King's Court (as before is said), and be convict thereof, he shall be punished by fine, and that according to the Trespass. And likewise, if one neighbour take a Distress of another, without Award of the King's Court, whereby he hath damage, he shall be punished in the same wise, and that after the quantity of the Trespass; and nevertheless sufficient and full amends shall be made to them that have sustained loss by such Distresses. 52 H. 3.

c. 1.

Distresses shall

not be driven out

of the County where it was

taken, on pain

None from henceforth shall cause any Distress that he hath taken to be driven out of the County where it was taken; and if one Neighbour do so to another of his own authority, and without Judgment, he shall make fine, (as above is said) as for a thing done against the Peace: Nevertheless, if the Lord presume so to do against his Tenant, he shall be grievously punished by Amerciament: Moreover, Distresses shall be reasonable and not too great; and he that taketh great and un- shall be amerced. reasonable Distresses shall be grievously amerced for the Excess

of such Distresses. 52 H. 3. c. 4.

of Amerciament. Distresses shall be reasonable, doing contrary

or the party

of a man's fee,

It shall be lawful for no man from henceforth for any man- Distresses shall ner of cause to take Distresses out of his fee, nor in the not be taken out King's highway, nor in the common Street, but only to the nor in the highKing or his officers, having special authority to do the same.

52 H. 3. c. 15.

way, &c.

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