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copy of court roll, rents, commons, offices, fees and profits apprendre in such manner, form, state and condition as they and every of them should or might have done in case there had been no such office or inquisition founden, and as they should or lawfully might or ought to have done in case such lease, interest by copy of court roll, rent, common, office, fee or profit apprendre had been found in such office or inquisition; any law, custom or usage to the contrary heretofore used in such cases in anywise notwithstanding."

5 ELIZ. c. 14.

An act against forgers of false deeds and writings.Sect. 2. Be it enacted, &c., “That if any person or persons whatsoever, after the first day of June now next coming, upon his or their own head and imagination, or by false conspiracy and fraud with others, shall wittingly, subtilly and falsely forge, or make or subtilly cause or wittingly assent to be forged or made, any false deed, charter or writing sealed, court roll, or the will of any person or persons in writing, to the intent that the estate of freehold or inheritance of any person or persons of, in or to any lands, tenements or hereditaments, freehold or copyhold, or the right, title or interest of any person or persons of, in or to the same or any of them, shall or may be molested, troubled, defeated, recovered or charged; or after the said first day of June shall pronounce, publish or show forth in evidence any such false and forged deed, charter, writing, court roll or will as true, knowing the same to be false and forged as is aforesaid, to the intent above remembered, and shall be thereof convicted either

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action or actions of forger of false deeds, to be founded upon this statute at the suit of the party grieved or otherwise, according to the order and due course of the laws of this realm, or upon bill or information to be exhibited into the court of the star chamber according to the order and use of that court, shall pay unto the party grieved his double costs and damages, to be found or assessed in that court where such conviction shall be, and also shall be set

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the pillory in some open market town or other open place, and there to have both his ears cut off and also his nostrils to be slit and cut and seared with a hot iron, so as they may remain for a perpetual note or mark of his falsehood, and shall forfeit to the queen our sovereign lady, her heirs and successors the whole issues and profits of his lands and tenements during his life, and also shall suffer and have perpetual imprisonment during his life; the said damages and costs to be recovered at the suit of the party grieved as is aforesaid, to be first paid and levied of the goods and chattels of the offender, and of the issues and profits of the said lands, tenements and hereditaments of such party convicted, or of one or both of them; the said title of our said sovereign lady the queen, her heirs or successors to the same notwithstanding."

Sect. 3. “And be it further enacted by the authority aforesaid, that if any person or persons, after the said first day of June, upon his or their own

head or imagination, or by false conspiration or fraud had with any other, shall wittingly, subtilly and falsely forge, or make or wittingly, subtilly and falsely cause or assent to be made and forged, any false charter, deed or writing, to the intent that any person or persons shall or may have or claim any estate or interest for term of years of, in or to any manors, lands, tenements or hereditaments, not being copyhold, or any annuity in fee simple, fee tail, or for term of life, lives or years; or after the said day shall, as is aforesaid, forge, make or cause or assent to be made or forged, any obliga. tion or bill obligatory, or any acquittance, release or other discharge of any debt, accompt, action, suit, demand or other things personal; or if any person or persons, after the said first day of June, shall pronounce, publish or give in evidence any such false and forged charter, deed, writing, obligation, bill obligatory, acquittance, release or discharge as true, knowing the same to be false and forged, and shall be thereof convicted by any the ways or means aforesaid, that then he shall pay unto the party grieved his double costs and damages, to be found and assessed in such court where the said conviction shall be had, and shall be also set upon the pillory in some open market town or other open place, and there to have one of his ears cut off, and shall also have and suffer imprisonment by the space of one whole year without bail or mainprise."

Sect. 4. “And be it further enacted by the authority aforesaid, that the party and parties grieved by reason of any of the offences aforesaid shall and may, at his and their pleasure, have and sue his action of forger of false deeds upon this statute against any the offenders in the same by original writ out of the queen's highness Court of Chancery, and shall and may have like process upon the same as in cases of trespass at the common law; or may at his pleasure take his suit against any such offenders in any the premises by bill before the queen's highness, her heirs and successors, in her court commonly called the King's Bench or in the Court of Exchequer; in which suits no essoign, injunction or protection shall be allowed for the party defendant.”

Sect. 5. “ And be it further enacted by the authority aforesaid, that if the party defendant shall be convicted for any the offences aforesaid, according to the order and form above limited, and shall have received thereupon punishment corporal, according to this act, that then he shall not eftsoons be impeached for the same offence.”

Sect. 6. “And be it further enacted by the authority aforesaid, that although the party or parties plaintiff in any such action or bill to be sued as is aforesaid, shall, after verdict passed against the defendant or defendants, happen to release or discharge the judgment or execution upon the same, or otherwise suffer the same to be discontinued, that yet, nevertheless, the same release, discharge or discontinuance shall extend only to discharge such costs and damages as the same plaintiff should have had against the defendant; and that the judges before whom the said action or suit shall be taken shall and may proceed to judgment of and upon the residue of the said penalties and forfeitures, and to command execution upon the same;

the said release, discontinuance or other discharge had, made, done or suffered by the party plaintiff in anywise notwithstanding; this act or any thing therein contained to the contrary in anywise notwithstanding."

Sect. 7. “ And be it further enacted by the authority aforesaid, that if any person or persons, being hereafter convicted or condemned of any the offences aforesaid by any the ways or means above limited, shall, after any such his or their conviction or condemnation, eftsoons commit or perpetrate any of the said offences in form aforesaid, then every such second offence or offences shall be adjudged felony, and the parties being thereof convicted or attainted according to the laws of this realm shall suffer such pains of death, loss and forfeiture of their goods, chattels, lands and tenements, as in cases of felony by the common laws of this realm ought to be lost or forfeited, without having any advantage or benefit of clergy or sanctuary ; saving to every person and persons, bodies politic and corporate, their heirs and successors, other than the said offenders and such as claim to their uses, all such rights, titles, interests, possessions, liberties of distresses, leases, rents, reversions, offices and other profits and advantages which they or any of them shall have, at the time of such conviction or attainder, of, in or to any lands, tenements or hereditaments of any such person so as aforesaid convicted or attainted, or at any time before, in as large and as ample manner, to all intents and purposes, as if this act had never been had nor made.”

Sect. 8. “ Provided always and be it enacted by the authority aforesaid, that any such conviction or attainder of felony as is aforesaid, or any forfeiture by reason of the same, shall not in anywise extend to take away the dower of the wife of any such person attainted, nor to the corruption of blood or disherison of any the heir or heirs of any such person or persons so attainted ; this act or anything therein contained, or any other statute, law, usage, custom or thing heretofore used to the contrary in anywise notwithstanding."

27 Eliz, c. 4.

"An act against covinous and fraudulent conveyances" (c). “ For as much as not only the queen's most excellent majesty, but also divers of her highness's good and loving subjects and bodies politic and corporate, after conveyances obtained or to be obtained, and purchases made or to be made, of lands, tenements, leases, estates and hereditaments for money or other good considerations, may have, incur and receive great loss and prejudice by reason of fraudulent and covinous conveyances, estates, gifts, grants, charges and limitations of uses heretofore made or hereafter to be made of, in or out of lands, tenements or hereditaments so purchased or to be purchased, which said gifts, grants, charges, estates, uses and conveyances were or hereafter shall be meant and intended by the parties that

Ald. 131 ; 2 Nev. & Mann. 64.

(c) Ante, pt. 1, pp. 83, 202. And see Doe d. Tunstillo. Bottriell, 5 Barn, &

so make the same to be fraudulent and covinous, of purpose and intent to deceive such as have purchased or shall purchase the same, or else by the secret intent of the parties the same to be to their own proper use and at their free disposition, coloured, nevertheless, by a fained countenance and show of words and sentences as though the same were made bonâ fide for good causes and upon just and lawful considerations:”—

Sect. 2. “ For remedy of which inconveniences, and for the avoiding of such fraudulent, fained and covinous conveyances, gifts, grants, charges, uses and estates, and for the maintenance of upright and just dealing in the purchasing of lands, tenements and hereditaments, Be it ordained and enacted by the authority of this present parliament, that all and every conveyance, grant, charge, lease, estate, incumbrance and limitation of use or uses of, in or out of any lands, tenements or other hereditaments whatsoever had or made any time heretofore sithence the beginning of the queen's majesty's reign that now is, or at any time hereafter to be had or made, for the intent and of purpose to defraud and deceive such person or persons, bodies politic or corporate, as have purchased or shall afterwards purchase in fee simple, fee tail, for life, lives or years the same lands, tenements and hereditaments, or any part or parcel 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 that person and persons, bodies politic and corporate, his and their heirs, successors, executors, administrators and assigns, and against all and every other person and persons lawfully having or claiming by, from or under them or any of them which have purchased or shall hereafter so purchase for money or other good consideration the same lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the same, to be utterly void, frustrate and of none effect, any pretence, colour, fained consideration or expressing of any use or uses to the contrary notwithstanding."

Sect. 3. “ And be it further enacted by the authority aforesaid, that all and every the parties to such fained, covinous and fraudulent gifts, grants, leases, charges or conveyances before expressed, or being privy and knowing of the same or any of them, which, after the twentieth day of April next coming, shall wittingly and willingly put in ure, avow, maintain, justify or defend the same, or any of them, as true, simple, and done had or made bona fide or upon good consideration, to the disturbance or hindrance of the said purchaser or purchasers, lessees or grantees, or of or to the disturbance or hindrance of their heirs, successors, executors, administrators or assigns, or such as have or shall lawfully claim anything by, from or under them or any of them, shall incur the penalty and forfeiture of one year's value of the said lands, tenements and hereditaments so purchased or charged, the one moiety whereof to be to the queen's majesty, her heirs and successors, and the other moiety to the party or parties grieved by such fained and fraudulent gift, grant, lease, conveyance, incumbrance or limitation of use, to be recovered in any of the queen's courts of record,

by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be admitted for the defendant or defendants, and also being thereof lawfully convicted, shall suffer imprisonment for one half year without bail or mainprise."

Sect. 4. “ Provided also, and be it enacted by the authority aforesaid, that this act or anything therein contained shall not extend or be construed to impeach, defeat, inake void or frustrate any conveyance, assignment of lease, assurance, grant, charge, lease, estate, interest, or limitation of use or uses, of, in, to or out of any lands, tenements or hereditaments heretofore at any time had or made, or hereafter to be had or made, upon or for good consideration and bonâ fide to any person or persons, bodies politic or corporate, anything before mentioned to the contrary hereof notwithstanding."

Sect. 5. “ And be it further enacted by the authority aforesaid, that if any person or persons have heretofore sithence the beginning of the queen’s majesty's reign that now is, madc, or hereafter shall make any conveyance, gift, grant, demise, charge, limitation of use or uses, or assurance of, in or out of any lands, tenements or hereditaments, with any clause, provision, article or condition of revocation, determination or alteration, at his or their will or pleasure, of such conveyance, assurance, grants, limitations of uses or estates of, in or out of the said lands, tenements or hereditaments, or of, in or out of any part or parcel of them, contained or mentioned in any writing, deed or indenture of such assurance, conveyance, grant or gift; and after such conveyance, grant, gift, demise, charge, limitation of uses or assurance so made or had, shall or do bargain, sell, demise, grant, convey or charge the same lands, tenements or hereditaments, or any part or parcel thereof, to any person or persons, bodies politic and corporate, for money or other good consideration paid or given, (the said first conveyance, assurance, gift, grant, demise, charge or limitation, not by him or them revoked, made void or altered, according to the power and authority reserved or expressed unto him or them in and by the said secret conveyance, assurance, gift or grant,) that then the said former conveyance, assurance, gift, demise and grant, as touching the said lands, tenements and hereditaments so after bargained, sold, conveyed, demised or charged, against the said bargainees, vendees, lessees, grantees, and every of them, their heirs, successors, executors, administrators and assigns, and against all and every person and persons which have, shall or may lawfully claim any thing by, from or under them or any of them, shall be deemed, taken and adjudged to be void, frustrate and of none effect, by virtue and force of this present act.”

Sect. 6. “Provided nevertheless, that no lawful mortgage made or to be made bona fide, and without fraud or covin, upon good consideration, shall be impeached or impaired by force of this act, but shall stand in the like force and effect as the same should have done if this act had never been had nor made; anything in this act to the contrary in anywise notwithstanding."

VOL. II.

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