-1676.] Anno vicefimo nono CARott IL. ¢. 1-3: 495 CAP. I. An a8 for raifing the fam of five hundred eighty-four thoufand nine hundred feveny eight pounds two fhilings and twarpence balf-penyy for the fpeedy thisty thips of war. E CAP. II. ‘An aét for an additional excife upon beer, ale and other liquors, for three . years. EXP, CAP. Ill. . dn att for prevention of frauds and perjuries. OR prevention of many fraudulent prattices, which are common yRoll Abe. F iy edeconared to be upbld by pejary and fbr dination of per» a jury s (2) beit enacted by the King’s’ moft’ excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and the commons, in this prefent parliament af- fembled, and by the authority of the fame, That from and af- ter the four and twentieth day of June, which fhall be in the year of our Lord onethoufand fix hundred feventy and feven, all leafes, eftates, interefts of freehold, or terms of years, OF parol leates any uncertain intereft of, in, to or out of any meffuages, mac and intereft nors, lands, tenements or hereditaments, made or created by of freehold livery and feifin only, or by parol, and not put in writing, and ‘tall have the fignéd by the parties fo making or creating the fame, or their Sr'wit only. agents thereunto lawfully authorized by writing, thall bave the force and effect of leafes or eftates at will only, and fhall’ not either in law or equity be deemed or taken to have any other or greater force or fey any confideration for making any fuch parol leafe or eftates, or any former law or ufage, to the contrary notwithftanding. 7 IIL. Except neverthelefs all leafes not exceeding the term of except leafes three years from the making thereof, whereupon the rent re- not exceed- ferved to the landlord, during fuch term, fhall amount unto two ing three third parts at theleaft of the full improved value of the thing 7°" &- demiled. III. And moreover, That no leafes, eftates or interefts, either No leafes or of freehold, or terms of years, or any uncertain intereft, not eftates of free- being copyhold or cuftomary intereft, of, in, to or out of any hold thall be mefluages, manors, lands, tenements or hereditaments, hall farrendered by atanytimeafter the faid four and twentieth day of June be word. affigned, granted or furrendered, unle(s it be by deed or note in 4 Ang - she writing, figned by the party fo alfigning, granting or furrendering ““ 07 the fame, or their agents thereunto lawfully authorized by 4 4./c. p22 writing, or by aét and operation of law. IV. And be it further enacted by the authority aforefaid, Promifes and ‘That from and after the faid four and twentieth day of June no agreements aétion thal be brought whereby to charge any executor or ad- PY PfSl-, miniftrator upon any fpecial promife, to anfwer damages out of his own eftate; (2) or whereby to charge the defendant Sladk lo. Wh.ta upon any {pecial promife to anfwer for the debt, default or mif- ¢ 4, 9: S0¢2 carriages of another perfon ; (3) or tocharge any perfon upon any 4 shower 16. agreement made upon canfideration of marriage; (4) or upon skin. 142, Dag 1 any 143+ 2406 Anno vicefimo nono Carorr II. c. 3, [1676. 2 Mod. 310. any contract or fale of lands, tenements or hereditaments, or 2 Vent. 36% any intereft in or concerning them; (5) or upon any egree- 3 Tex. 65, 66, mént that is not to be performed suthin the (pace of one year a Salk. 280, from the making thereof ; (4) unlefs the agreement upon which 44 Ping «40. fuch ation fhall be brought, or fome memorandum or note Hilts = -theteof, hall be in writing, and figned by the party to be 9 B-F¢. 2JAcharged therewith, or fome other. perfon thereunto by him lawfully authorized. Devifesof__,_ V+ And be it further enaéted by the authority aforefaid, That lands fhall be from and after thefaid four and twentieth day of June all de- in srrting and vifes and bequeits of any fands or tenements, devifeable either attelted | force of the ftatute of wills, or by this ftatute, or by force three or four of the cuftom of Kent, or the cuftom of any borough, or any 3 Lev. 6, other particular cuftom, fhall be in writing, and figned by the Carthew 35. party fo devifing the fame, or by fome other perfon in his pre- Et +. emit, dente and by his exprefs dire&tions, and fhall be attefted and _Bilu «Sith, fab(cribed in the prefence of the faid devifor by three or four 3754 credible witneffés, or elle they ¢ utterly yoid and of none Ping? 3/9 effeet. ‘How the fame VI. And moreover, no devife in writing of lands, tenements ‘hall be revo- of hereditaments, nor any claufe thereof, fhall at any time eatles after the faid four and twentieth day of June be revocable, other- aeéo, ” wile than by fome other will or codicil in writing, or other writing declaring the fame, or by burning, cancelling, tearing cor obliterating the fame by the teftator himfelf, or in his pre- fence and by his dire@tions and confent ; (2) but all devifes and bequefts of lands and tenements fhall remain and continue . — in force, until the fame be burnt, cancelled, torn or obliterated «bythe teftator, or his directions, in manner aforefaid, or un- Tefs the fame be altered by fome other will or codicil in writing, or other writing, of the devifor, figned in'the prefence of three or four witnefles, declaring the fame ; any former law or ufage to the contrary notwithftanding, ‘Alldectars. _ VIL And be it further enaded by the authority aforefaid, tions or crez- That from and after the faid four and twentieth day of June all tions of ruts declarations of creations of trufts or confidences of any lands, fhallbein — tenemenns or hereditaments, fhall be manife(ted and proved by Eoee fome writing figned by the pry who is by law enabled to de- 4 Ann. c. 16. clare fuch truft, or by his laft will in writing, or elfe they fhall 4. tg. be utterly void and of none effect. ‘Trutts arifing, WIL. Provided always, That where any conveyance fhall be transferred or Made of any lands ortenements by which a truft or confidence extinguithed (hall or may arife or refult by the implication or conftruétion of by implication daw, or be transferred or extinguifhed by an a&t or opetation Saeepeed. Of aw, then and in every fuch cafe fuch traft or confidence Loyd v.Spilit thall be of the like force and effedt-as the (ame would ‘have bern in chan, Hill, if this ftatute ‘had not been mate; any thing herein before 3740. ‘contained to the contrary notwithftanding. Afignnents 1X Andbe it farther enagted, That all grants and affign- oft eAethall be Mertts of any truft or confidence fhall likewife be in writing, in writing. figned by the party gramting or affigning the fame, or by fuch lat will or devife, or elfe thall likewifebe utterly voidand einore ee1676.] Anno vicefimo nono CaRox! II. c. 3. 407 -__X. And be it further enaéted by the authority aforefaid, Lands, &c. ‘That from and after the faid four and twentieth day of Fune it fall be liable fall and may be lawful for every theriff or other officer to £0," inde, whom any writ or precept is or thall be direéted, at the fuit cefuy que traf, of any perfon or perfons, of, for and upon any judgment, fta- tute or recognizance hereafter ta be made or had, to do, make and deliver execution unto the party in that behalf fuing, of all fuch lands, tenements, rectories, tithes, rents and heredita- ments, as any other perfon or perfons be in any manner of wife WA.42. 664 feifed or polleficd, or hereafter thall be feifed or poffeffed, in hp Ming : 9, truft for him again(t whom execution is fo fued, like as the fheriff } or other officer might or ought to have done, if the faid party againft whom execution hereafter fhall be fo fued, had been feifed of fuch lands, tenements, rectories, tithes, rents or other hereditaments of fuch eftate as they be feifed of in truft for him at the time of the faid execution fuéd ; (2) which lands, And-held free tenements, reCtories, tithes, rents and other hereditaments, eam tee ae by force and virtue of fuch execution, thall accordingly be held the perione. and enjoyed freed and difcharged fromeall incumbrances of fuch feifed in truft. perfon or perfons as fhall be (0 feifed or poffeffed in truft for the : perfon againft whom fuch execution (hall be fued ; (3) and if Tru fball be any ceffuy que truft hereafter thall die, leaving a trutt in fee- hands of heire fimple to defcend to his heir, there and in every fuch cafe fuch 3 Vern. a¢8. ‘truft thal be deemed and taken, and is hereby declared to be, affets by defcent, and the heir hall be liable to and chargeable with the obligation of his anceftors for and by reafon of fuch affets, as fully and amply as he might or ought to have been, HW the eftate it law had defcended to him in poffefon in like manner as the truit defcended ; any law, cuftom or ufage to the contrary in any wife notwithftanding. XI. Provided always, That no heir that thall become charge- No heir thall able by reafon of any eftate or truft made affets in his hands by by reafon thislaw, hall by reafon_ of any kind of plea or confeffion of thereof be- the action, or faffering judgment by nient dedire, or any other Preis o matter, be chargeable to pay the condemnation out of his own own eftate, eftate ; (2) but execution fhall be fued of the ‘whole eftate fo : made affets in his hands by defcent, in whofe hands foever it fall come after the writ purchafed, in the fame manner as it is to be at and by the common law, where the heir at law pleading a true plea, judgment is prayed againft him there- ‘upon, any thing in this prefent a@& contained to the contrary notwithftanding. XII. And for the amendment of the law in the particulars prates pur following ; (2) be it further enaéted by the authority aforefaid, exter we hall ‘That from henceforth any eftate pur auter vir (hall be devifable be devifeable. by a will in-writing, figned by the party fe devifing the fame, or 1#Ge0-+-c-20- by fome other perfon in his prefence and by his exprefs direc." * . tions, attefted and fubfcribed in the prefence of the devifor by three or more witneffes ; (3) and ifno fuch devife thereof bE 4 sa. be made, the fame thall be chargeable in the hands of the heir, if Sires in the ig fhall come tohim by reafon of a fpecial occupancy as alfets by heirs hand. Dd4 defcent,408. Anno vVicefimo nono CAROLI II. c. 37 [1676. And where as in cafe of lands in fee-fimple ; (4) and in cafe there be no thereis 20 fpecial occupant thereof, it | go to the executors or admin‘ Prec iall go. rators ofthe party that had the effate thereof by virtue of the Potheexecke grant, and thall be affets in their hands, tors, Carthew 376. 2 Salk. 464. 2 Vern. 719. oe XIII. And whereas it hath been found mifchievous, that judgments in the King’s courts at Weltminfter do many times relate to the firft day of the term whereof they are entered, or to the day of the return of = the original, or filing the boil, and bind the defendunts lands from that time, alshough in truth they were acknowledged or fuffered and figned in the vacation-time after the faid term, whereby many times purcha~ Sersfind themfélves agrieved : ‘The day of IV. Be it enacted by the authority aforefaid, That from figning any and after the faid four and twentieth day of June any judge or judgment officer of any of his Majefty’s courts of We/tminfier, that thall fall been fign any judgments, fhall at the figning of the fame, without fee {ied off for doing the fame, fet down the day of the month and year of theroll. his fo doing, upon the paper book, docket or record which he ‘eis daufeex- {hall fign ; which day of the month and year fhall be alfo en- cone ya" wed upon the margent of the roll of the record where, the faid Geo.1.¢. 25. judgment fhall be entered. f. i 'V. And be it enaéted, That fach judgments as againtt “And fach — purchafers bona fide for valuable confideration of lands, tene- judgments a8 ‘ments or hereditaments to be charged thereby, ‘hall in confi- are thall re. deration of law be judgments only fon fach time as they thall Tateto fuch be fo figned, and fhall not relate to the firft day of the term time only. whereof they are entered, or the day of the return of the original or filing the bail ; any law, ufage or courfe of any court to the contrary notwith{tanding. wots ofex- XVI. And be it further ena&ted by the authority aforefaid, ecution thal ‘That from and after the faid four and twentieth day of June no bind the pro- writ of Fieri facias or other writ of execution fhall bind the pra- Ber of 800d perty of the goods againft whom fuch writ of execution is fued time of their forth, but from the time that fuch writ hall be delivered to the delivery to fheriff, under-fheriff or coroners, to be executed : and for the the officer. better manifeftation of the faid time, the fheriff, under-{heriff zai 30. and coroners, their deputies and agents, fhall upon the receipt Mod vse of any fach writ, (without fee for doing the fame) endorfe upon. a Keb.257. the back thereof the day of the month or year whereon he or _/ ‘they received the fame. Contras for ..XVJI. And be it further enaéted by the authority aforefaid, fales of goods That from and after the faid four and twentieth day of Fune no forten pounds contraét for the fale of any goods, wares and merchandizes, grmore, for the price of ten pounds fterling or upwards, thall be allowed e3 Pi to be good, except the buyer fhall accept part of the goods fo oe, gold, and a@ually receive the fame, or give fomething in earneft Eaxeutery Corba bind the bargain, or in part of payment, or that fome note or Qireche ly. memorandum in writing of the faid bargain’ be made and figned “Ff 7 by the parties to be charged by fuch contraé, or their agents thereunto lawfully authorized, _ XVIM, Add. zance fhall bind any lands, tenements or hereditaments in the han: 1676.) Anno vicefimo nono Carott II. c.3 409 XVIII. And be it further enacted by theauthority aforefaid, The day of "That the day of the month and year of the enrolment of the the enrolment recognizances fhall be fet down in the margent of the roll %TSCE™ | where the faid recognizances are enrolled ; (2) and that from fet down, and and after the faid four and twentieth day of ‘fume no recogni- lands in the hands of any purchaler bona fide and for valuable confideration, sai", b° but from the time of fich enrolment ; any law, ufage or courfe timeonly. of any court, to the contrary in any wife notwithftanding. . XIX. And for prevention of fraudulent prattices in hitting up Nuncupative suncupative wills, which have been the occafion of much perjury 5 (2) wills, be it enacted by the authority aforefaid, That from’ and after the aforefaid four and twentieth day of June no nuncupative will fhall be good, where the eftate thereby bequeathed (hall ex- ceed the value of thirty pounds, that is not proved by the oaths of three witneffes (at the leaft) that were prefent at the making . thereot ; (3) nor unlefs it be proved thatthe teftator at the time Explained by of pronouncing the fame, did bid the perfons prefent, or fome ¢ Ann. c. 16. of them, bear witnefs, that fuch was his will, or to that effeét ; * ™ . (4) nor unlefs fuch nuncupative will were made in the time of the laft ficknefs of the deceafed, and in the houfe of his or her habitation or dwelling, or where he or fhe hath been refident for the {pace of ten days or more next before the making of fuch will, except where fugh perfon was furprized or taken fick, being from his own home, and died before he returned to the’ place of his or her dwelling.- XX. And be it further enaéted, That after fix months paffed after the {peaking of the pretended teftamentary words, no teftimony thall be received to prove any will nuncupative, ex- cept the faidteftimony, or the fubftance thereof, were commit- ted to writing within fix days after the making of the faid will. XXI. And beit further enaéted, That no, letters teftamen~ Probates of + tary or probate of any nuncupative will fhall pafs the feal of any PUncupative court, till fourteen days at the leaft after the deceafe of the tef- "i* tator be fully expired ; (2) nor fhall any nuncupative will be at any time received to be proved, unlels procefs have firtt iffued tocall in the widow, or next of kindred to the decealed, to the end they may contelt the fame, if they pleafe. SXXIL And be it further enadted, “That no will in writing Raymond 334+ concerning any goods or chattels or perfonal eftate, thall be re- + pealed, nor hall any claule, devife or bequeft therein, be altered _ orchanged by any words, or will by word of mouth only, ex- cept the fame be in thelife of the teftator committed to writing, and after the writing thereof read unto the teftator, and allowed him, and proved tobe fo done by three witneffes at the leaft. XXIII. Provided always, That notwithftanding this act, any Soldiers and foldier being in aétual military fervice, or any mariner or fea- mariners wills man being at fea, may difpofe of his moveables, wages and per- ®xcepted. fonal eftate, as he or they might have done before the making of this ad, a XXIV. And itis hereby declared, That nothing in this a& The jurildic- thall peo410 22 & 25 Car 2.c.4o. Hufbands not compellable to make diftri- ‘bution of the perfonal eftates of their wives. 3 Mod, at Anno victfimo nono Carorr I. ¢.4,5. [1676. fhall extend to alter or change the jurisdiétion or right ef probate of wills concerning perfonal eftates, but that the prerogative court ofthe archbithop of Canterbury, and other ecclefiaftical courts, and other courts having right to the probate of fuch ‘wills, fhall retain the fame right and power as they had before, in every relped 3 fabje& neverthelefs to the rales and dire@tions this act. XXV. And forthe explaining one aé&_of this prefent_par- liament, intituled, An af for the better _diting of inteftates eftates 5 (2) be it declared by the authority aforesid, That nether the faid at, nor any thing therein contained, fhall be conftrued to extend to the eftates of feme coverts that fhall die inteftate, but that their hufbands may demand and have adminiftration of their rights, credits, and other perfonal eftates, and recover and enjoy the fame, as.they might have done before the making of the faid act. Made perpetual by 1 Fac. 2. ¢. 17. f. 5. CAP. IV. An a8 for erefting a judicature to determine differences touching houfés ‘burnt and demobihed by the late dreadful fire in Southwark, ‘Who thall be commiffioners. Their power and manner of procecding, ‘Their decrees thall be binding and conctufive. Their (ammoes of par- ties and witneiies lrow to be granted. And how to be ferved. efaul they may proceed to determine the controverfy. Ifthe perfoas cannot be found tobe farmmoned, no proceedings Ol be thereon til ater fx months, Tufts of fork ax will not begin to build, within, two years, fc. may be difpoted of to fuch as |. And fatisfaStion awarded to the proprietors. Or alefed by jury where. the parties wil not or cannot accept the {ame. Decrees made by fewer than feven, and excepted to within thirty days, may be reverfed or altered by any feven or more, &c, Such appeals to be finithed within fix months. Such or- ders and decrees thall be effeftwal, and conclude all perfons. Aad not reverfed by writ of error or certierart, Such judgmentsand decrees how tobe entered. The books to be kept by the town clerk of London. ‘The powers given by this aét to continue for three years. An oath to be taken by the judges of the court. Encroachmente and perpreftures upon the bigh fireet, how to be regulated. A provifo for fiall-boards notwithitanding. Differences concerning party-walle and other walls, and lights, alleges, &e, how to be meduted.” ‘The cowrt (hall order what fees thei oficers talltake, Afidavits of ferving procels how to be taken. The penalty of committing perjury in the fame. Decrees raty be fgned by the farvivors of tho teat made them. Leales and + agreements fince the fire thall be of force, and may be corroborated by decree of the court. Perfons interelted fhall not have votes. Damages may be recovered at law for non-performance of any decree, or a bill in equity maintained for a performance in /perie. Pecfons not abating annoyances may be indiGied. An aétion at law given for money de- reed, the decree ray be given in evidence. Perions protecued saay plead the general iffue, &c. Southwark market fhall be kept where it anciently has been, CAP. V. 4n aft for taking affidavits in the country, to be made xf of in the courts of King’s bench, common pleas and exchequer. For the greater eafe ond benefit of all perfns whatfoever in the tak ing of affidavits to be made Me of ad read in bis Maj’ s veri of King's bench, common pleas and exchequer at Wettmintter, as well im matters and things relating to bis Maje/ly and bis revenxe,as in al al