No. 4.

27 Henry VIII. c. 16.-For Inrolment of Bargains and

Sales.*

BE it of this in Year

E it enacted by the Authority of this present Parliament, That 27 H. VIII. c 16.

No Land shall pass by Bargain

indented, sealed

Lord God 1536, no Manors, Lands, Tenements or other Hereditaments, shall pass, alter or change from one to another, whereby any and Sale, unless Estate of Inheritance or Freehold shall be made or take Effect in any it be by Writing Person or Persons, or any Use thereof to be made, by Reason only of and rol ed any Bargain and Sale thereof, except the same Bargain and Sale be 1 Bulst. 163. made by Writing indented, sealed and inrolled in one of the King's 2 Inst. 671. Courts of Record at Westminster, or else within the same County or Hob. 136, 222. Counties where the same Manors, Lands or Tenements, so bargained 1 Roll, 424. and sold, lie or be, before the Custos Rotulorum and two Justices of 2 Roll, 105, the Peace, and the Clerk of the Peace of the same County or Counties, 218. 2 Co. 36. 4 Co. or two of them at the least, whereof the Clerk of the Peace to be one ; 70. 7 Co. 40. and the same Inrollment to be had and made within six Months next after the Date of the same Writings indented; the same Custos lorum, or Justices of the Peace and Clerk, taking for the Inrollment of every such Writing indented before them, where the Land comprised in the same Writing exceeds not the yearly Value of forty Shillings, i. s. that is to say, xij. d. to the Justices, and xij. d. to the 8 Co. 93. Cro. Clerk; and for the Inrollment of every such Writing indented before El. 166, 917. them, wherein the Land comprized exceeds the Sum of s. in the Cro. Car. 110, yearly Value vs that is to say, its vi d. to the said Justices, and 129, 218.

The Fee for in. rollment in the

County,

svi d. to the said Clerk for the inrolling of the same: And that 1 Salk. 380. the Clerk of the Peace for the Time being, within every such County, 1 Ander. 285. shall sufficiently inroll and ingross in Parchment the same Deeds or Writings indented as is aforesaid; and the Rolls thereof at the End of every Year shall deliver unto the said Custos Rotulorum of the same County for the Time being, there to remain in the Custody of the said Custos Rotulorum for the Time being, amongs other Records of every of the same Counties where any such Inrollment shall be so made, to the Intent that every Party that hath to do therewith, may Extended to Counresort and see the Effect and Tenor of every such Writing so inrolled.

• For the general Doctrines established with Regard to this Act, I shall only refer to the Authorities mentioned in the preliminary Note to the preceding Number. But think it proper more particularly to mention the Opinion maintained by Mr. Fearne, in his Reading on the present Statute inserted in his posthumous Works that a Rent or Reversion, which would not pass at Common Law, by mere Grant without Attornment, cannot now pass by Grant, although the Necessity of Attornment is taken away by Stat. 4 Anne, c 16, [ante Class 1. No. 23,]—and that it is a Conveyance of such Interest as must be made either by Lease and Release, or by Bargain and Sale inrolled. This Opinion appears to be evidently erroneous, and is controverted by Mr. Sanders, in his Treatise on Uses, vol 2, p 39, and by Mr. Sugden, in bis Note to Gilbert, [105] 226. The following Summary of the Question is extracted from the Note just mentioned. The true State of the Law seems to be simply this: the Statute of inrolments only extended to proper Bargains and Salesma Grant of a Reversion was a Common Law Conveyance, and not within the Purview of it; because the Necessity of Artorument, which then existed, was equipollent to Livery of Seisin, where the Estate was in Possession. The Statute of Anne took away the Necessity of Artornment to a Grant of a Reversion, but did not affect the Operation of the Grant itself, which still, as formerly, will, as a Common Law Conveyance, transfer the Reversion, and will now be sufficient, without any Attournment of the Tenants.

ties Palatice by 5 El. c. 26.

No. 4.

II. Provided always, That this Act, nor any Thing therein con27 H VIII. c 16 tained, extend to any Manor, Lands, Tenements or Hereditaments, Towas Corporate, lying or being within any City, Borough or Town Corporate within &c. may inroll the Realm, wherein the Mayors, Recorders, Chamberlains, Bailiffs or Dyer, f. 226. other Officer or Officers have Authority, or have lawfully used to inroll any Evidences, Deeds or other Writings within their Precincı or Limits; any Thing in this Act contained to the contrary notwithstanding.

5 Eliz có 20,

27 H. 8, c. 16.

No. 5.

5 Elizabeth, c. 26.-An Act for the Inrolment of Indentures of Bargain and Sale in the Queen's Majesty's Courts of the Counties of Lancaster, Chester, and Bishoprick of Durham, shall be good in Law.

HERE in the Parliament holden upon Prorogation at West

W minster the fourth Day of February in the xxvij. Year of the

Reign of our late Sovereign Lord of most famous Memory King HENRY the Eighth, and there continued and kept till the xiiij. Day ' of April then next ensuing, it was enacted, That from the last Day of Jury which was in the Year of our Lord God one thousand five hundred thirty-six, no Manors, Lands, Tenements or other Heredita'ments should pass, alter or change from one to another, whereby any Estate of Inheritance or Freehold should be made or take Effect in any Person or Persons, or any Use thereof to be made, by Reason only of any Bargain and Sale thereof, except the same Bargain and Sale were made by Writing indented, sealed, and inrolled in one of the King's Courts of Record at Westminster, or else within the same 'County or Counties where the same Manors, Lands or Tenements so bargained and sold, lie or be, before the Custos Rotulorum and two Justices of the Peace, and the Clerk of the Peace of the same ⚫ County or Counties, or two of them at the least, (whereof the Clerk of the Peace to be one) and the same Inrollments to be had and • made within six Months next after the Date of the said Writing indented; as by the same Act of Parliament among other Things ⚫ therein contained more at large it doth appear.

II And forasmuch as the same Act of Parliament doth not extend to make any Inrollments of any Deeds indented of such Bargains and Sales made of any Manors, Lands, Tenements or Hereditaments, lying and being within the Counties Palatine of Lancas ⚫ter. Chester, and the Bishoprick of Durham, to be good or of any Force in the Law, in any the Queen's Courts of Record within the 'said Counties Palatine of Lancaster, Chester, or the Bishoprick of

Durham.'

III. Be it now therefore enacted by the Queen our Sovereign Lady, with the Assent of the Lords Spiritual and Temporal of this present Parlianient assembled, and by the Authority of the same, That from the Feast of Easter next coming, all Inrollments of such Inrolments in Writings indented, (viz. as be mentioned 27 H 8. c. 16.) of any BarLancaster. Ches gain and Sale, after the said Feast of Easter to be made of any Manors, Lands, Tenements or other Hereditaments, set, lying or being in the Counties of Lancaster, Chester, and Bishoprick of Ďurham, being made and inrolled within six Months next after the Date of any such Writings, indented in the Queen's Court of Chancery at Lancaster, or before the Queen's Justice or Justices of Assizes at

ter, Durham,

Lancaster aforesaid, concerning any Manors, Lands, Tenements or Hereditaments within the said County of Lancaster; or in the Queen's Court of the Exchequer at Chester, or before the Queen's Justice or Justices of Assizes at Chester aforesaid, concerning any Manors, Lands, Tenements or Hereditaments within the said County of Chester, or in the Court of Chancery at Duresme, or before the Justice or Justices of Assizes at Duresme aforesaid, concerning any Manors, Lands, Tenements or Hereditaments within the said County of the Bishoprick of Duresme, shall be accepted, reputed, deemed and taken by the Authority of this Act, to be as good and available in Law, to all Intents, Constructions and Purposes, as if the same Writings indented had been made and inrolled in any of the Queen's Courts at Westminster; any Thing contained in the said former Act to the contrary in any wise notwithstanding.

IV. Provided always, That this Act nor any Thing therein contained extend to any Manors, Lands, Tenements or Heredita.nents lying and being within any City, Borough or Town Corporate within any of the said Counties, wherein the Mayors, Recorders, Chamberlains, Bailiffs, or other Officer or Officers have Authority, and have lawfully used, to inrol any Evidences, Deeds or other Writing, within their Precinet or Limits; any Thing in this Act contained to the contained to the contrary notwithstanding.

No. 5.

5 Elz. c 26.

Towns Corporate.

No. 6.

54 George III. c. 168.-An Act to amend the Law respecting the Attestation of Instruments of Appointment and Revocation, made in Exercise of certain Powers in Deeds, Wills and other Instruments.*

:W

[30th July 1814.]

WHEREAS Powers, Authorities and Trusts are in many Cases 54 G. III. c. 168. required to be executed by Deeds or Instruments signed by ⚫ or under the Hands of the Persons executing the same, or Persons ⚫ consenting to or directing Acts respecting such Powers, Authorities and Trusts are frequently required to signify such Consent or Direc⚫tion by Deeds or Instruments signed by them, or under their Hands, and it has been the ordinary Practice, in the Memorandum of Attestation of Deeds, to express the Facts of Sealing and Delivery only: And whereas Doubts have arisen respecting the Validity of ⚫ Deeds or Instruments so attested and requiring Signature, although the same may have been actually signed by the Persons whose Signature is required thereto, and the Titles of many Purchasers, and of other Persons claiming under such Instruments may be defective for want of the Insertion of the Word "Signed," or some Word to that Effect, in the Memorandum of Attestation thereof: And whereas it is expedient that the Titles of Purchasers and other Persons ⚫ should not be disturbed, merely on account of the Omission to express the Fact of Signature in the Memorandum of Attestation of any such Deed or other Instrument already made: May it therefore

This Act was occasioned by the Decisions in Wright v., Wakeford, 4 Taunt. 213. Doe v. Peach, 2 M. & S. 576, which were contrary to the gene- ral 'Understanding and Opinion of Conveyances. It is to be observed, that the Operation of the Act is only retrospective. See some important Observations upon the Subject, in a Letter to Sir Samuel Romilly, by Mr. Sugden, and which are incorporated in the second Edition of his Treatise on the Law of Powers, Chap. 5, Sec. 3, p. 231.

No. 6.

Deeds, &c. exe

testation, deemed valid.

please your Majesty that it may be enacted; and be it enacted by the 54 G. III. c. 168. King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every cuted without Me. Deed or other Instrument, already made with the Intention to exermorandum of At- cise any Power, Authority or Trust, or to signify the Consent or Direction of any Person whose Consent or Direction may be necessary to be so signified, shall (if duly signed and executed and in other Respects duly attested) be from the Date thereof, and so as to esta blish derivative Titles, if any, of the same Validity and Effect, and no other, at Law and in Equity, and proveable in like Manner, as if a Memorandum of Attestation of Signature, or being under Hand, had been subscribed by the Witness or Witnesses thereto; and the Attestation of the Witness or Witnesses thereto, expressing the Fact of Sealing, or of Sealing and Delivery, without expressing the Fact of Signing or any other Form of Attestation, shall not exclude the Proof or the Presumption of Signature.

Act to extend.

II. And be it enacted, That this Act shall extend and be conTo what Deeds strued to extend to all Deeds and other Instruments already made in Exercise of Powers, Authorities and Trusts, of Sale, Exchange, Partition, Selection, Nomination, Discretion, Leasing, Jointuring, raising Portions, and other Charges, and for appointing new Trustees and other Powers, Authorities and Trusts whatsoever, or made for evidencing Assent, Consent, Request, Direction, or any other like Circumstance in Reference to the Execution of any such Powers, Authorities or Trusts.

Act not to have

any existing Suit

III. Provided always, and be it further enacted, That this Act retrospective Ope shall not extend nor be construed to extend, to revive or give Effect ration; nor affect to any Appointment, Revocation or other Assurance heretofore made, at Law, &c. as far as the same has been avoided by Entry or Claim, or by Suit at Law or in Equity, or by any other legal or equitable Means whatsoever; nor shall this Act affect or prejudice any Suit at Law or in Equity, now depending, for avoiding any Deed or other Instrument of Appointment, Revocation or Assurance.

Appointments, IV. Provided always, and be it further enacted, That if any &c. not affected. Person who has made any such Entry or Claim, or who has brought any such Suit, or has defended any Suit, for the Purpose of avoiding any such Appointment, Revocation or other Assurance, should release the Benefit of the same Entry, Claim, Suit or Defence, within Six Calendar Months next after the passing of this Act, then such Entry or Claim, or Suit or Defence, shall not prejudice or avoid any such Appointment, Revocation or other Assurance, but every such Appointment, Revocation or other Assurance-shall be and remain in Force under this Act as if no such Entry or Claim had been made, or Suit brought or defended.

unless within

fected.

го

V. Provided always, and be it further enacted, That nothing in No Instrument, this Act contained shall extend, or be construed to extend, to affect visions of Act, af- any Question respecting any Instrument not within the Provisions of this Act, and which may want any Formality in the Attestation of any Witness or Witnesses thereto, but such Instrument shall have the same Force and Effect as it might have had if this Act had not been made; any Thing in this Act contained notwithstanding.

435

PART II. CLASS X.

FINES AND RECOVERIES.

No. 1.

18 Edward I. St. 4, (Modus levandi Fines.)-The Manner of levying of Fines; What Things be requisite to make them good, and who are bound by them.

Cotton MS. Claudius, D. 2.

UANT le brief original soit Q

lieu en presence des parties devant Justices Donques dirra un countour issint Sire Justice conge daccorder Le Justice luy dirra Que durra Sire Robt & nomera un des parties dount quant ils serrount une gent de la somme de la pecune qest done au Roi donques dirra la Justice criez le pees & puis dirra le countour issint Qe la pees est ycele a voz congez qe William & Alice sa femme qe cy sount reconnissent le manoir de B. ove les appertenantz contenuz en le brief estre droit de R. come cel qil ad de le doun a aver & tenir a luy & ses heirs de William & Alice & a les heirs Alice come en demeigne rents seigneries countes plees purchaces gardes mariages reliefs eschetes molours Avoesouns deglises & toute auters fraunchises & fraunks custumes a lavantdit manoir appertenantz rendant per an a Robt & A ses heirs a chief seignerages de fee services dues & custumee pur touts services. Et fait assavoir qe ordre de ley ne suffre mie qe finale accorde soit leve en la courte le Roi saunz brief

• What saith Sir R. and shall

as

Or, Who will

Rast. 349.

The Form of a Fine.

name one of the Parties. Then, give? Sir R. ' when they be agreed of the Sum of Money that must be given to the King, then the Justice shall say, Cry the Peace. And after the Pleader shall say, In so much Peace is licensed thus unto you W. S. and A. his Wife, that here be, do acknowledge the 'Manor of B. with the Appur'tenances contained in the Writ, 'to be the Right of our Lord the King, which he hath of their Gift, to have and to hold to him and his Heirs, of the said W. and A. and the Heirs of A. as in Demeans, Rents, Seigniories, Courts, Pleas, Purchases, Wards, Marriages, Reliefs, Es'cheats, Mills, Advowsons of 'Churches, and all other Fran'chises and free Customs to the 'said Manor belonging, paying Iyearly to R. and his Heirs, as chief Lords of the Fee, the Services and Customs due for all Services. And it is to be noted, requisite to make What Things be That the Order of the Law will Fine good. not suffer a final Accord to be 27 Ed. 1, st. 1, levied in the King's Court with c. 1.