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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45973 An act for prevention of frauds and perjuries; Public General Acts. 1695. 7 Wil.III.c.12. Ireland. 1695 (1695) Wing I308; ESTC R216032 3,560 9

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AN ACT For prevention of FRAUDS and PERJURIES W R HONI SOIT QVI MAL Y PENSE IE-MEIN-TIENDRAI DVBLIN Printed by Andrew Crook Printer to the Kings Most Excellent Majesty on Ormonde-Key 1695. An Act for prevention of Frauds and Perjuries CHAP. XII FOR Prevention of many Fraudulent Practices which are Commonly Endeavoured to be upheld by Perjury and Subornation of Perjury Be it Enacted by the Kings Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That from and after the Feast Day of the Nativity of St. John Baptist which shall be in the Year of Our Lord One Thousand Six Hundred Ninety Six all Leases Estates Interests Freéholds or Terms of Years or any uncertain Interest of into or out of Messuages Mannours Lands Tenements or Hereditaments made and Created by Livery of Seizen only or by Parole and not put in Writing and Signed by the Parties so making and Creating the same or their Agents thereunto Lawfully Authorized by Writing shall have the Force and Effect of Leases and Estates at Will only And shall not either in Law or Equity be Deémed or Taken to have any other or greater Force and Effect any Consideration for making such Parole Leases or Estates or any former Law or Usage to the Contrary Notwithstanding Except Nevertheless all Leases not Exceéding the Term of threé Years from the making thereof whereupon the Rent Reserved to the Landlord during such Term shall amount unto two third parts at the least of the full Improved value of the thing Demised And moreover that no Estates Leases or Interests either of Freéhold or Term of Years or any uncertain Interest not being Copy-hold or Customary Interest of into or out of any Messuages Lands Tenements or Hereditaments shall at any time after the said Feast day of the Nativity of Saint John the Baptist which shall be in the said Year of our Lord God One thousand six hundred ninety and six be Assigned Granted or Surrendered unless it be by Deéd or Note in Writing Signed by the parties so Assigning Granting or Surrendring the same or their Agents thereunto Lawfully Authorized by Writing or by Act and Operation of Law And be it further Enacted by the Authority aforesaid That from and after the said Feast day of the Nativity of St. John the Baptist which shall be in the said Year of our Lord One thousand six hundred and ninety six no Action shall be brought whereby to charge any Executor or Administrator upon any Special Promise to answer Damages out of his own Estate or whereby to charge the Defendant upon any Special Promise to answer for the Debt Default or Miscarriage of another person or to charge any person upon any Agreement made upon Consideration of Marriage or upon any Contract or Sale of Lands Tenements or Hereditaments or any Interest in or concerning them or upon any Agreément that is not to be performed within the space of one Year from the making thereof unless the Agreément upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and Signed by the party to be charged therewith or some other person thereunto by him Lawfully Authorized And be it further Enacted by the Authority aforesaid That from and after the said Feast day of the Nativity of St. John the Baptist which shall be in the said Year of our Lord One thousand six hundred ninety and six all Devises and Requests of any Lands Tenements or Hereditaments Devisable either by force of the Statute of Wills or by this Statute or by force of the Custom of any Burrough or any other particular Custom shall be in Writing and Signed by the party so Devising the same or by some other person in his presence and by his express Directions and shall be Attested and Subscribed in the presence of the said Devisor by threé or more Credible Witnesses or else they shall be utterly void and of none Effect And moreover no Devise in Writing of any Lands Tenements or Hereditaments that at any time after the said Feast day of the Nativity of Saint John the Baptist which shall be in the said Year of Our Lord God One Thousand Six Hundred Ninety and Six be Revocable otherwise then by some other Will or Codicill in Writing or other Writing Declaring the same or by Burning Cancelling Tearing or Obliterating the same by the Testator himself or in his presence and by his Directions and Consent but all Devises and Requests of Lands and Tenements shall Remain and Continue in Force untill the same be Burnt Cancelled Torn or Obliterated by the Testator or his Directions in manner aforesaid or unless the same be Altered by some other Will or Codicill in Writing or other Writing of the Devisors Signed in the presence of threé or more Witnesses Declaring the same any former Law or Usuage to the Contrary Notwithstanding And be it further Enacted by the Authority aforesaid That from and after the said Feast Day of the Nativity of Saint John the Baptist which shall be in the said Year of Our Lord God One Thousand Six Hundred Ninety and Six all Declarations or Creations of any Trusts or Confidences of any Lands Tenements or Hereditaments shall be Manifested and proved by some Writing Signed by the Party who is by Law Enabled to Declare such Trust or by his Last Will in Writing or else they shall be utterly U●●● and of none Effect Provided always that where any Conveyance shall be made of any Lands or Tenements by which a Trust or Confidence shall or may arise by Implication or Construction of Law or to be Transferred or Extinguished by Act or Operation of Law then and in every such Case such Trust or Confidence shall be of the like Force and Effect as the same would have beén if this Statute had not beén made any thing herein before Contained to the Contrary Notwithstanding And be it further Enacted That all Grants and Assignments of any Trust or Confidence shall likewise be in Writing Signed by the Party Granting or Assigning the same or by such Last Will and Devise or else shall likewise be utterly ●●●d and of none Effect And be it further Enacted by the Authority aforesaid That from and after the said Feast Day of the Nativity of Saint John the Baptist which shall be in the Year of Our Lord God One Thousand Six Hundred and Ninety Six it shall and may be Lawfull for Every Sheriff or other Officer to whom any Precept or Writ is or shall be Directed at the Suite of any Person or Persons of for and upon any Judgment Statute or Recognizance hereafter to be made or had to do make and deliver Execution unto the Party in that behalf Sueing of all such Lands Tenements Rectories Tyths Rents and Hereditaments as any other Person or Persons be in any manner of Wise Seized or Possessed in Trust for him against whom Execution is so Sued like as the Sheriff or other Officer might or ought to have Done if the said Party against whom Execution hereafter shall be so Sued had beén Seized of such Lands Tenements Rectories Tyths Rents or other Hereditaments of such Estate as they be Seized of in Trust for him at the time of the said Execution Sued which Lands Tenements Rectories Tyths Rents or other Hereditaments by Force and Vertue of such Executions shall accordingly he held and Enjoyed Freéd and Discharged from all Incumbrances of such Person or Persons as shall be so Seized or Possessed in Trust for the Person against whom such Execution shall be Sued And if any Cestunque Trust hereafter shall Dye leaving a Trust in Feé Simple to Descend to his Heirs there and in every such Case such Trust shall be Deémed and Taken and is hereby Declared to be Assetts by Descent and the Heir shall be lyable to and Chargeable with the Obligation of his Ancestor for or by Reason of such Assetts as fully and amply as he might and ought to have beén if the Estate in Law had Descended to him in Possession in like Manner as the Trust Descended any Law Custom or Vsage to the Contrary in any wise Notwithstanding Provided alwaies That no Heir who shall become Chargeable by reason of any Estate or Trust made Assetts in his hands by this Law shall by reason of any kind of Plea or Confession of the Action or suffering Iudgment by Nient de dire or any other matter be Chargeable to pay the Condemnation out of his own Estate but Execution shall be Sued of the whole Estate so made Assetts in his hands by Descent in whose hands soever it shall come after the Writ purchased in the same manner as it is to be at and by the Common Law where the Heir at Law Pleading a true Plea Iudgment is prayed against him thereupon any thing in this present Act contained to the contrary Notwithstanding And for the Amendment of the Law in the particulars following Be 〈◊〉 further Enacted by the Authority aforesaid That from henceforth any Estate pur auter vie shall be Deviseable by a Will in writing Signed by the party so Devising the same or by some other person in his presence and by his express Direction Attested and Subscribed in the presence of the Devisor by threé or more Witnesses and if no such Devise thereof be made the same shall be Chargeable in the hands of the Heir if it shall come to him by reason of a special Occupancy as Assetts by Descent as in Case of Lands in Feé Simple and in Case there be no special Occupant thereof it shall go to the Executors or Administrators of the party that had the Estate thereof by Vertue of the Grant and shall be Assetts in their hands Concerning Personal Estates but that the Prerogative Court of the Arch-Bishop of Armagh and other Ecclesiastical Courts and other Courts having Right to the Probate of such Wills shall retain the same Right and Power as they had before in every Respect subject Nevertheless to the Rules and Directions of this Act. FINIS