No. 14.

12 Car. II. c. 24

All Tenures

common Socage. Dyer 44. pl. 28.

the Thirty-third Year of the Reign of the said King HENRY the Eighth, concerning the Officers of the Courts of Wards and Liveries, and every Clause, Article and Matter in the said Acts contained, shall from henceforth be repealed and utterly void.

IV. And be it further enacted by the Authority aforesaid, That to be created by all Tenures hereafter to be created by the King's Majesty, his Heirs or the King hereafter shall be free and Successors, upon any Gifts or Grants of any Manors, Lands, Tenements or Hereditaments, of any Estate of Inheritance at the Common Law, shall be in free and common Socage, and shall be adjudged to be in free and common Socage only, and not by Knights-Service, or in Capite, and shall be discharged of all Wardship, Value and Forfeiture of Marriage, Livery, Primer Seisin, Ousterlemain, Aide pur fair fitz Chivalier and pur file marrier; any Law, Statute, or Reservation to the contrary thereof in any wise notwithstanding.

Proviso for Rents

&c.

V. Provided nevertheless, and be it enacted, That this Act, or certain, Heriots, any Thing herein contained, shall not take away, nor be construed to take away, any Rents certain, Heriots or Suits of Court belonging or incident to any former Tenure now taken away or altered by Virtue of this Act, or other Services incident or belonging to Tenure in common Socage, due or to grow due to the King's Majesty, or mean Lords, or other private Person, or the Fealty and Distresses incident thereunto; and that such Relief shall be paid in Respect of such Rents as in is paid in Case of a Death of a Tenant Socage.

Fines for Alienations.

Tenures in Frank Almoign.

Roll.

VI. Provided always, and be it enacted, That any Thing herein contained shall not take away, nor be construed to take away, any Fines for Alienation due by particular Customs of particular Manors and Places, other than Fines for Alienations of Lands or Tenements holden immediately of the King in Capite.

VII. Provided also, and be it further enacted, That this Act, or any Thing therein contained, shall not take away, or be construed to take away, Tenures in Frank-Almoign, or to subject them to any Copy of Court greater or other Services than they now are; nor to alter or change any Tenure by Copy of Court-Roll, or any Services incident thereunto; nor to take away the honorary Services of Grand Serjeanty, Honorary Ser other than of Wardship, Marriage, and Value of Forfeiture of Marri age, Escuage, Voyages Royal, and other Charges incident to Tenure by Knights Service; and other than Aide pur faier fitz Chivalier, and Aide pur file marrier.

vices.

during their Mi

177, 3 Mod. 24.

Parents may dis- VIII. And be it further enacted by the Authority aforesaid, pose of the Cus. That where any Person hath or shall have any Child or Children (1) tody of Children under the Age of One and twenty Years, and not married at the Time nonty Vaughan of his Death, that it shall and may be lawful to and for the Father of such Child or Children, whether born at the Time of the Decease of the Father, or at that Time in ventre sa mere, or whether such Father be within the Age of One and twenty Years, or of full Age, by Deed executed in his Life-time, or by his last Will and Testament in Writ ing, in the Presence of Two or more credible Witnesses, (2) in such Manner, and from Time to Time as he shall respectively think fit, to dispose of the Custody and Tuition of such Child or Children, for and during such Time as he or they shall respectively remain under the Age of One and twenty Years, or any lesser Time, to any Person or Persons (3) in Possession or Remainder, other than Popish Recusants;

(1) The Act does not extend to illegitimate Children.-See Croke's Report of Horner v. Liddiard. See also Priestly v. Hughes, 11 East. 1.

(2) A mere Revocation of an Appointment of Guardian by Will may be by Writing, unattested-but a Writing, purporting to appoint a new Guardian, and void for that Purpose for Want of Attestation, does not operate as a Revocation.-Exparte Earl of Ilchester, 7 Vesey, 348.

(3) Guardianship to two survives.-Eyre v. Countess of Shaftesbury, 2 P. Wms. 103.

No. 15.

and that such Disposition of the Custody of such Child or Children, made since the Twenty-fourth of February, One Thousand Six Hun- 12 Car. II. c. 24. dred and Forty-five, or hereafter to be made, shall be good and effectual against all and every Person or Persons claiming the Custody or Tuition of such Child or Children as Guardian in Socage or otherwise : And that such Person or Persons, to whom the Custody of such Child or Children hath been or shall be so disposed or devised as aforesaid,

shall and may maintain an Action of Ravishment of Ward or Trespass, Actions of Ravishagainst any Persons which shall wrongfully take away or detain such ment of Wards Child or Children, for the Recovery of such Child or Children; and

shall and may recover Damages for the same in the said Action, for

the Use and Benefit of such Child or Children. (4)

Dagement of their

IX. And be it further enacted, That such Person or Persons to whom the Custody of such Child or Children hath been or shall be so The Lands of Childisposed or devised, shall and may take into his or their Custody to the dieu and the MaUse of such Child or Children, the Profits of all Lands, Tenements, Personal Estate by and Hereditaments, of such Child or Children; and also the Custody, their Guardians. Tuition, and Management, of the Goods, Chattels, and Personal Estate of such Child or Children, till their respective Age of One and twenty Years, or any lesser Time, according to such Disposition aforesaid, and may bring such Action or Actions in relation thereunto, as by Law a Guardian in common Socage might do. (5)

X. Provided also, That this Act, or any Thing therein contained, shall not extend to alter or prejudice the Custom of the City of London, nor of any other City or Town Corporate, or of the Town of Berwick upon Tweed, concerning Orphans; nor to discharge any Apprentice from his Apprenticeship.

XI. Provided also, That neither this Act, nor any Thing therein contained, shall infringe or hurt any Title of Honour, Feodal or other, by which any Person hath or may have Right to sit in the Lords House of Parliament, as to his or their Title of Honour, or sitting in Parliament, and the Privilege belonging to them as Peers; this Act, or any Thing therein contained to the contrary in anywise notwithstanding.

Honour Feodal

Parve vances ti

⚫XII. And whereas by like Experience it hath been found, That though divers good, strict, and wholesome Laws have been made in ken away. ⚫ the Times of sundry his Majesty's most noble Progenitors, some ex⚫tending so far as to Life, for Redress of the Grievances and Oppressions committed by the Persons employed for making Provisions for the King's Household, Carriages, and other Purveyance for his Majesty and his Occasions; yet divers Oppressions have been still I continued, and several Counties have submitted themselves to sundry 'Rates and Taxes, and Compositions, to redeem themselves from such • Vexations and Oppressions: And forasmuch as the Lords and Com'mons assembled in Parliament do find that the said Remedies are not fully effectual, and that no other Remedy will be so effectual and just, as to take away the Occasion thereof, especially if Satisfaction and Recompence shall be therefore made to his Majesty, his Heirs and Successors, which is hereby provided to his Majesty's Goodliking and Content;' his Majesty is therefore graciously pleased, That it may be enacted; and be it enacted by the King's most Excel

(4) The customary Right of a Lord, in Respect of Copyholds, is not taken away by this Statute.-Clinch v. Cudmore, Lutw. 1187. 3 Lev. 395. Comb. 253.

(5) See Statute of Marlebridge. 52 Hen. III. c. 17, ante No. 4, as to the Authority and Duty of Guardians in Socage, and Notes. A Lease by a testamentary Guardian is absolutely void.-Roe v. Hodgson, Wils. 135, as to the Functions of such Guardian. See D. of Beaufort v. Berty, 1 P. Wms. 705, and Eyre v. Countess of Shaftesbury, 2 P. Wms. 103. 1 Forblanque's Notes to Treobus of Equity, 251, 252.

Νο. 15. lent Majesty, by and with the Advice and Consent of the Lords and 19 Car. II. c. 24. Commons in this present Parliament assembled, That from henceforth no Sum or Sums of Money, or other Thing, shall be taken, raised, taxed, rated, imposed, paid, or levied, for or in regard of any Provision, Carriages, or Purveyance for his Majesty, his Heirs or Suc

&c.

cessors.

XIII. And that henceforth no Person or Persons by any Warrant, Purveyances for the King, Queen, Commission, or Authority, under the Great Seal or otherwise, by colour of buying or making Provision or Purveyance for his Majesty or any Queen of England for the Time being, or of any the Children of any King or Queen of England for the Time being, or that shall Timber, Carts, be, or for his, their, or any of their Houshold, shall take any Timber, Fuel, Cattle, Corn, Grain, Malt, Hay, Straw, Victual, Cart, Carriage, Altered by 13 or other Thing whatsoever, of any the Subjects of his Majesty, his Car. II. stat. 1, Heirs or Successors, without the free and full Consent of the Owner 13 & 14 Car. II, or Owners thereof had and obtained without Menace or Inforcement; c. 20, sec. 1, and nor shall summon, warn, take, use or require any of the said Subjects,

Carriages, &c. ta. en away

2. 8, sec. 2.

1 Jac. 2, c. 10.

No Pre-emption, &c.

to furnish or find any Horses, Oxen, or other Cattle, Carts, Ploughs. Wains, or other Carriages, for the Use of his Majesty, his Heirs or Successors, or of any Queen of England, or of any Child or Children of any the Kings or Queens of England for the Time being, for the carrying the Goods of his Majesty, his Heirs or Successors, or the said Queens, or Children, or any of them, without such full and free Consent as aforesaid; any Law, Statute, Custom, or Usage to the contrary notwithstanding

XIV. And be it further enacted, That no Pre-emption shall be allowed or claimed in the Behalf of his Majesty, or any of his Heirs or Successors, or of any the Queens of England, or of any the Children of the Royal Family for the Time being, in Market or out of Market ; but that it be for ever hereafter free to all and every of the Subjects of his Majesty, to sell, dispose, or employ, his said Goods to any other Person or Persons as himself listeth, any Pretence of making Provision or Purveyance of Victual, Carriages, or other Thing for his Majesty, his Heirs and Successors, or of the said Queens or Children, or any Pretence of Pre-emption in their, or any of their Behalfs, notwithstanding: And if any Person or Persons shall make Provision or The Penalty. Purveyance for his Majesty, his Heirs or Successors, or any the Queens or Children aforesaid, or impress or take any such Carriages or other Things aforesaid, on any Pretence or Colour of any Warrant aforesaid, under the Great Seal or otherwise, contrary to the Intent hereof, it shall be lawful for the Justices of Peace, or such Two or One of them as dweli near, and to the Constables of such Parish or Village where such Occasion shall happen, at the Request of the Party grieved, and they are hereby enjoined, to commit, or canse to be committed, the Party or Parties so doing and offending to Gaol, till the next Sessions, there to be indicted and proceeded against for the same; and that the Officers and Inhabitants of the Village or Parish where such Offence shall happen, shall be assistant therein; and moreover, the Party grieved shall have his Action or Actions against such Offender or Offenders, and therein recover his Treble Damages and No Action upon Treble Costs: In which Action, no Essoin, Wager of Law, Aidstayed, but by O prayer, Privilege, Protection, Imparlance, Injunction, or Order of der of the Court Restraint shall be granted or allowed: And if any Person or Persons where such Action shall (after Notice given that the Action depending is grounded upon

this Statute to be

depends.

this Statute) cause or procure any Action at the Common Law, grounded on this Statute, to be delayed or stayed before Judgement, by Colour or Means of any Order, Power, Warrant or Authority, save only of the Court where such Action shall be brought and depending, or after Judgement had upon such Action, shall cause or

No. 15.

Præmunire, 16

Proviso for the

procure Execution of such Judgement to be stayed or delayed by Colour or Means of any Order, Warrant, Power or Authority, save 12 Car. II. c.st. only by Writ of Error or Attaint, or Order of such Court where such Writ of Error or Attaint shall be depending; That then the Person so offending shall incur the Pains, Penalties, and Forfeitures, ordained and provided by the Statute of Provision and Præmunire made in the R. II. c. 5. Sixteenth Year of the Reign of King RICHARD the Second: Provided always, That this Act extend not to prejudice any of his Majesty's Stanneries, ButlerRights, Titles or Duties of, in or to, or out of any Tin in the Stan- age, Prizage, Re naries of Devon and Cornwall, nor to prejudice the ancient Duties of compence to his Majesty for the Butlerage and Prizage of Wines; but that the same shall be in the Court of Wards same Plight that the same were before the making of this Act; any Thing herein contained to the contrary in any wise notwithstanding. And now to the Intent and Purpose that his Majesty, his Heirs and Successors, may receive a full and ample Recompence and Satisfaction, as well for the Profits of the said Court of Wards, and the Tenures, Wardships, Liveries, Primer Seisins, Ouster le mains, and other the Premisses and Perquisites incident thereunto; and for all Arrears any way due for the same, as also for all and all Manner of Purveyance and Provisions herein before mentioned, and intended to be taken away and abolished; and all Sums of Money due or pretended to be due or payable for and in Respect of any Compositions for the same.

XV. Be it therefore enacted by the Authority aforesaid, That there shall be paid unto the King's Majesty, his Heirs and Successors for ever hereafter, in Recompence as aforesaid, the several Rates, Impositions, Duties and Charges herein-after expressed, and in Manner and form following:

[The Remainder of the Act relates to the Duties of Excise.]

No. 16.

19 Charles II. c. 6.-An Act for Redress of Inconveniencies by Want of Proof of the Deceases of Persons beyond the Seas or absenting themselves, upon whose Lives Estates do depend.

and Purveyances.

WHEREAS divers Lords of Manors and others have used to 19 Cas. 11. 6. 6.

6 Anos, c. 18.

grant Estates by Copy of Court Roll for One, Two, or more 'Life or Lives, according to the Custom of their several Manors; Proof. ' and have also granted Estates by Lease for one or more Life or Lives, ' or else for Years determinable upon one or more Life or Lives; and it hath often happened, that such Person or Persons for whose Life 'or Lives such Estates have been granted, have gone beyond the Seas, ' or so absented themselves for many Years, that the Lessors and Re' versioners cannot find out whether such Person or Persons be alive 'or dead, by Reason whereof such Lessors and Reversioners have 'been held out of Possession of their Tenements for many Years, after 'all the Lives upon which such Estates depended are dead, in Regard 'that the Lessors and Reversioners, when they have brought Actions for the Recovery of their Tenements, have been put upon it to prove the Death of their Tenants, when it is almost impossible for them 'to discover the same.'

II. For Remedy of which Mischief, so frequently happening to such Lessors or Reversioners, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiri- Persons beyond tual and Temporal, and the Commons, in this present Parliament the Seas, or ab, assembled, and by the Authority of the same. That if such Person or senting themselves Persons, for whose Life or Lives such Estates have been or shall be Carthew 246.

for Seven Years.

No. 16.

19 Car. II. c. 6.

good Challenge to

granted as aforesaid, shall remain beyond the Seas, or elsewhere absent themselves in this Realm, by the Space of Seven Years together, and no sufficient and evident Proof be made of the Lives of such Person or Persons respectively, in any Action commenced for Recovery of such Tenements by the Lessors or Reversioners; in every_such Case the Person or Persons upon whose Life or Lives such Estate depended, shall be accounted as naturally dead; and in every Action brought for the Recovery of the said Tenements by the Lessors or Reversioners, their Heirs or Assigns, the Judges before whom such Action shall be brought, shall direct the Jury to give their Verdict as if the Person so remaining beyond the Seas, or otherwise absenting himself, were dead.

III. And be it further enacted, That in any such Action wherein What shall be a the Life or Death of any such Person or Persons shall come in Juro's upon Trial question between the Lessor or Reversioner and Tenant in Possession, of Lives in Being, it shall and may be lawful for the Lessor or Reversioner to take

held by Lives of

tainted.

Exception to any of the Jurors returned for the Trial of that Cause, that the greatest Part of the Real Estate of any of such Jurors is held by Lease or Copy for Lives, who upon Proof thereof shall be set aside as in Case of other legal Challenges.

IV. Provided always, and be it enacted by the Authority aforeProviso for Lands said, That nothing in this Act contained shall extend to any Lands certain Traitors at- held by the Life or Lives of any Person or Persons attainted of Treason for the horrid Murder of his late Majesty, of blessed Memory, who now conceal or hide themselves, which Lands are or have been vested in his Majesty, and are now granted to his Royal Highness the Duke of York, but that the Course of Evidence heretofore used in such Cases shall be had and used; any Thing to the contrary in this Act notwithstanding

V. Provided always, and be it enacted, That if any Person or Proviso for Per Persons shall be evicted out of any Lands or Tenements by Virtue of evicted by this Act, and afterwards if such Person or Persons upon whose Life this Act. the Per not being or Lives such Estate or Estates depend, shall return again from beyond

sons

dead.

Seas, or shall on Proof in any Action to be brought for Recovery of the same, be made appear to be living, or to have been living at the Time of the Eviction; that then and from thenceforth the Tenant or Lessee, who was outed of the same, his or their Executors, Administrators or Assigns, shall or may re-enter, re-possess, have,_hold, and enjoy the said Lands or Tenements in his or their former Estate, for and during the Life or Lives, or so long Term as the said Person or Persons upon whose Life or Lives the said Estate or Estates depend, shall be living; and also shall upon Action or Actions to be brought by him or them against the Lessors, Reversioners, or Tenants in Possession, or other Persons respectively, which since the Time of the said Eviction received the Profits of the said Lands or Tenements, recover for Damages the full Profits of the said Lands or Tenements respectively, with lawful Interest for and from the Time that he or they were outed of the same Lands or Tenements, and kept and held out of the same by the said Lessors, Reversioners, Tenants, or other Persons, who after the said Eviction received the Profits of the said Lands or Tenements, or any of them respectively, as well in the Case See 6 Ann. c. 18, when the said Person or Persons upon whose Life or Lives such which extends to Estate or Estates did depend, are or shall be dead at the Time of the Death of Mi- bringing of the said Action or Actions, as if the said Person or married Persons were then living.

Reversioners alter

gors or

Womep, &e.