Page images

cure of souls, dignity, prebend, or living ecclesiastical,
and shall be presented or colated thereupon, every such
presentation, &c., and every admission, institution, in-
vestiture, and induction upon the same, shall be void ; and
such agreement shall be deemed to be a simoniacal con-
tract; and it shall be lawful for the crown to present or
collate unto, or give such benefice, &c., for that turn
only; and the person so corruptly taking such benefice
&c., shall be disabled to hold such benefice, &c., and
shall be subject to any penalties inflicted by the laws ec-
clesiastical, as if such corrupt agreement had been made
after such benefice, &c. had become vacant. No statute
in Ireland has restrained the offence of simony, either by
eivil forfeitures, or otherwise : in this country therefore
it is only punishable by ecclesiastical censures.

With respect to forfeiture by waste--the statutes which respect the remedies for redress of this injury of waste, seem more properly to belong to the next part of this digest. And as to forfeiture by bankruptcy, the statutes which relate to it will be found in a subsequent chapter.


Of Tille by Alienation.

[ocr errors]

By the statute quia emptores terrarum 18 Edw. 1. st. 1. Alienation of c. 1. E. & 1. it shall be lawful for every freeman to sell Sunds.

but to be held his lands, or part of them, so that the feoffee shall hold of the chief bord. the same of the chief lord of the fee, by such service and customs as bis feoffee held. And by c. 2. if he sell any E. & do part of such lands, the feoffee shall hold it of the chief lord, and shall be charged with the services for so much as pertaineth to the chief lord for the same parcel, acVOL. I.





[ocr errors]

cording to the quantity of the land sold; and the same part of the service shall remain to the lord, to be taken by the hands of the feoffee, for which he ought to be attendant to the same chief lord, for the parcel of the service so due. But by c. 3. it is to be understood that by

said sales, such lands or tenements shall in no wise come And not to be in

into mortmain, either in part or in the whole, contrary to the 7 Edw. 1.: and that this statute estendeth only to lands bolden in fee simple. But so much of this statute as related to feodal services, as also the i Edw. 3. c. 12. E. & I. which further permitted the king's tenants in capite to alien upon payment of a reasonable fine to the king, are rendered obsolete by the 12 Car. 2. c. 24. Eng. and 14 & 15 Car. 2. c. 19. Ir. which abolished the temuse in capite, and all fines for alienation as incident thereto.

The feodal obligation which restrained the lord from good without ettornment. alienating his seignory without the consent of his tenant, 4 2.2. c. 16. and which consent of the vassal was called attornment, has s. 9. & 10.

been also done away by the 4 Ann. c. 16. s. 9. & 10. 6 Apn. c. 10. 8.9. & 10. Ir. Eng. which enacts that all grants or conveyances, by fine

or otherwise, of manors or rents, or of the reversion or remainder of any messuages or lands, shall be good and effectual to all intents, without any attornment of the tenants of such manors, or of the land out of which such rent shall be issuing, or of the particular tenants upon whose particular estates any such reversions, &c., shall be espectant or depending: provided that no such tenant shall be prejudiced by payment of any rent to any such grantor or con usor, or by breach of any condition for non-payment of rent, before notice shall be given to him of such grant by the conusee or grantee. To which the

6 · Ann. c. 10. Ir. contains corresponding provisions. , Il Geo . And the 15 Geo. 2. C. 8. s. 7. & 8. Ir. in like manner as

c. 19. s. Il. Eng. the 11 Geo. 2. c. 19. s. 11. Eng. provides, that all frau8.7.& 8. h. dulent attornments of tenants, to strangers claiming title

to the estates of their respective landlords or lessors, shall denarts to stran- be void, and the possession of such landlords, &c. not gers coid.

affected thereby: provided that nothing herein shall vaLacepsions. "cate or affect any attorninent made pursuant to some


[ocr errors]

Attornment of

judgment at law, or decree or order of a court of equity; or made with the privity and consent of the landlord or lessor, or to any mortgagee after the mortgage is become forfeited.


Of Alienation by Deed.

W ITH respect to the consideration upon which deeds Deeds founded must be founded : The 13 Eliz. c. 8. s. 3. Eng. recites Po the 37 Hen. 8. c. 9. Eng. by which it was enacted, that void.

arious nsiderations

13 Elz. c. S. no person should by way or mean of any corrupt bar-3.& 7. En gain, loan, exchange, chevisance, shift, interest, of any wares, merchandizes, or other thing, or by any other corrupt or deceitful way or mean, or by any covin, engine, or deceitful way or conveyance, have or take, for the forbearing or giving day of payment of one whole year of and for his money or other things that shall be due for the same wares, &c., above £10 in the hundred, and so after that rate, of and for a more or less sum, or for a longer or shorter time; and enacts that all bonds, contracts, and assurances, collateral or other, to be made for payment of any principal or money to be lent, or covenant to be performed, upon or for any usury in lending, or doing of any thing against the 37 Hen. 8. c. 9. (which was repealed by the 5 & 6 Edw. 6. c. 20. Eny. and revived by this act) upon or by which loan or doing there shall be reserved or taken above the rate of £10 for the hundred, for one year, (since reduced to £5 per cent. by the 12 Ann. st. 2. c. 16. Eng.) shall be void. And by s. 7. the said statute hereby revived shall be most largely and strongly construed for the repressing of usury, and against all persons that shall offend against the true mean

2 1 2


S. 3.

ing of the said statute, by any way or device, directly or 10 Car. 1. st.2. indirectly. The 10 Car: 1. st. 2. c. 22. Ir. in like man. c. 22. Ir. ner avoids all such usurious contracts : but the other pro

visions of these statutes, imposing certain penalties and

forfeitures upon persons guilty of this offence of usury, 19 Eliz. c. 5. will be stated in another place. By the 13 Eliz. c. 5.

Eng. every feoffment, gift, alienation and conveyance, Conveyances to

of lands, &c. or goods, or of any lease, rent, or common, defraud, kc, or other profit or charge out of the same, by writing or creditors and others toid, otherwise, and every bond, judgment, and execution, to

be had to the intent to delay, binder, or defraud, creditors, or others, of their jus: actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries, and reliefs, shall be (only as against that persoli, his heirs, successors, executors, adorinistrators, and assigns, whose actions, &c., by such fraudulent practices might be delayed, or defrauded,) of none effect. And by s. 3. the parties to such fraudulent feoffment, &c., and other

things before expressed, [*and] being privy and knowing * “orin the jo Car. 1. st. 2. of the same, which shall wittingly and willingly put in c. 3. s. 11. Ir.

ure, avow, maintain, justify or defend the same, or any of them, as true, simple, and done, bad, or made, bona fide, and upon good consideration, to the disturbance of such purchasers, &c. or of such as claim by.or under them; or shall alien or assign any the lands, &c., to them conveyed as aforesaid, or any part thereof, shall incur the penalty of one year's value of the said lands, &c., and the wbole value of the goods and chattels, and also so much money as shall be contained in such coviaous and feigned bond; one inoiety to the crown, and the oches to the party grieved, to be recovered in any court of record by action of debt, &c.; and being thereof lawfully convicted, shall suiler imprisonment for one half year, &c. But by s. 4. common recoveries shall be of like force as if this act had not been made : and by s. 5. this act shall not make void any estate by reason whereof any

person shall use any voucher in any writ of formedon : s. 6. nor by s. 6. shall this act extend to any estate or interest

in lands, or goods, made upon good consideration, and

bona fide, to any persons, &c., not having notice of such 27 Fliz. c. 4. fraud. And the 27 Eliz. c. 4. Eng. further enacts, that


[ocr errors]
[ocr errors]

every conveyance, charge, lease, estate, incumbrance, Conveyances to

depaud, &c. and limitation of use, of any lands, &c. made for the purchasers, void. intent to defraud and deceive such persons, &c. as have purchased, or shall purchase, in fee-simple, fee-tail, for life, lives or years, the same lands, &c. or to defraud, &c. such as have or shall purchase any rent or profit out of the same, shall be deemed (only as against that person, &c. and others claiming under him which shall purchase for money or other good consideration the same lands, &c. or any part thereof, or any rent, &c. out of the same) to be utterly void. And by s. 3. the parties to

5. 3. such fraudulent conveyances, &c. or being privy and knowing of the same, which shall wittingly and willingly put in ure, avow, maintain, justify or defend the same, o: any of them, as true, simple, and done, had, or made, bona fide, or upon good consideration, to the disturbance of such purchasers, lessees, or grantees, or of such as claim any thing by, from, or under them,* shall incur the forfei- * « or to their turę of one year's value of the said lands, &c. so pur- use or use's” in

the 10 Car. 1. chased or charged; one moiety to the crown, and the st. 2. c. 3, s. 2. other to the party grieved, to be recovered in any court' of record, by action of debt, &c.; and being thereof lawfully convicted, shall suffer imprisonment for one half year. But by s. 4. this act shall not defeat any convey.

s. 4, ance, &c. made for good consideration, and bona fide. By s. 5. if any person shall make any conveyance, &c. of any lands, &c, with any clause of revocation, determina

.. tion or alteration at his pleasure, and after such convey

Conveyances ance shall sell, demise, convey, or charge the same revocation coid

against purchalands, for money or other good consideration, (the said sers, 8c. first conveyance not revoked, made void, or altere<l,) then said former conveyance, &c. against the said vendees, Jessees, grantees, and those claiming under them, shall be void: but by s. 6. no lawful mortgage made bona fide,

s. 6. upon good consideration, shall be impeached by this act. The 10 Car. 1. st. 2. c. 3. Ir, has incorporated both these 10 Car. 1. st. a statutes against covinous and fraudulent conveyances; and contains provisions corresponding to these above stated.

[ocr errors]
[ocr errors]

with clause


c. 3. Ir.

66 For

« PreviousContinue »