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“ For prerention of many fraudulent practices, which the force de ces are commonly endeavoured to be upheld by perjury, and tares at willonly subornation of perjury;" the 29 Car. 2. c. 3, s. 1. Eng. 29 Car 2. c. 3. s. 1. Eug.
enacts that all leases, estates, interests of freehold, or terms of years, or any uncertain interest in any lands, &c. made by livery and seisin only, or by parol, and not put in writing, and signed by the parties making or creating the same, or their agents thereunto lawfully authorized by viriting, shall have the force of leases or estates at will only, and shall not in law, or equity be deemed to have any greater effect ; any consideration for making such parol leases or estates notwithstanding. But by s. 2, all leases not exceeding the term of 3 years
from the making thereof, whereupon the rent reserved Ercept lenses not erceeding shall amount unto 2-3ds at least of the full improved 3 ycars, &c.
value of the thing demişed, are excepted. And by s. 3. no
leases, estates, or interests, either of freehold or terms No leases, 8c to be mssigned or of years, or any uncertain interest, not being copyhold
endered un: or customary interest, of or in any lands, &c, shall be loss hy soine writing.
assigned, granted, or surrendered, unless it be by deed, or note in writing, signed by the party so assigning, &c. or their agents thereunto lawfully authorized in writing,
or by act and operation of law: with which clauses the 5 W.3. c. 12. 7 W. 3. c. 12. s. 1. Ir. is literally corresponding s. 1. Ir. By what tords Next as to the warranty in deeds; By the 4 Edw. 1. ? fenffor shall
' st. 3. c. 6. E. & I. (which was before the statute of quia warranty. emptores) in deeds where is contained dedi et concessi tale 4 Edw. 1. st. 3. ,
· tenementum without homage, or without a clause that con
taineth warranty, and to be holden of the girers and their heirs, by a certain service, the givers, and their heirs, shall be bound to warranty. And where is contained desii pt concessi, $c. to be holder of the chief lords of the fee, or of others, and not of feoffors, or of their heirs, reserving no service, without homage, or without the aforesaid clause, their heirs shall not be bounden to warranty, notwithstanding the feoffor during his own life, by
force of his own gift, shall be bound to warrant. By the 6 Tular. 1. c. 3. 6 Edw. 1. c. 3. E. & I. if a man alien a tenement that F.&. he holdeth by the law of England, his son shall not be Warranty of tenant by the barred by the deed of his father, (from whom no heriçurtesy, poid,
be bound to
tage to him descended) to recover by writ of mort-d'ancestor of the seisin of his mother, although the deed of his father doth mention that he and his heirs be bound to warranty. And if any beritage descend to him of his father's side, then he shall be barred for the value of the heritage that is to him descended. And if in time after, any beritage descend to him by the same father, then shall the tenant recover against him of the seisin of his mother by a judicial writ to re-summon his warranty, as before hath been done in cases where the warrantor cometh into court saying, that nothing is descended from him by whose deed be is vouched. And in like manner the issue of the son shall recover by writ of cosinage, aiel and besaiel. Likewise the beir of the wife shall not be barred of his action after the death of his father and mother, by the deed of his father, if he demand by action the inheritance of his mother by a writ of entry, which his father did alien in the time of his mother, whereof no fine is levied in the king's court. The 11 Hen. 7. c. 20. Eng. next pro- ueny vides, that if any woman which shall have an estate in c. 20. Eng.
10 Car. 1. st. 2. dower, or for term of life, or in tail, jointly with her c: 8. s. 3. Ir. husband, or to herself, or to her use, in any lands, &c. of
Warranties, &c. the inheritance or purchase of her husband, or given to of renant in the husband and wife in tail, or for life, by any of the an- cose cestors of the husband, or by any person seised to the use of the said husband or his ancestors, shall, being sole, or with any after taken husband, discontinue, alien, release, or confirm with warranty, or by coyin suffer any recovery of the same, all such discontinuances, recoveries, alienations, and warranties shall be void; and it shall be lawful to every person to whom the inheritance after the decease of such women should appertain, to enter as if no such discontinuance, &c. had been made; and if any of the said husbands and women, or any other seised to their use as aforesaid, do make or suffer any such discontinuance, &c. it shall be lawful to the persons to whom the tenements should belong after the decease of the said women, to enter according to such title, as if the same women had been dead : provided that the said women,
s. 19. Ir.
after the decease of their said husbands, may re-enter according to their first estate: And if the woman at the time of such discontinuance, &c. be sole, she shall be barred of ber title, and the person to whom the title should belong after the decease of the woman, shall immediately enter. Provided that this act estend not to any such discontinuance, &c. to be had with the heirs next inheritable to the woman, or where they, that next after the death of the woman should have estate of inheritance in the lands, &c. be assenting to the said recoveries, where the same assent is of record, or inrolled : provided also that it shall be lawful to every such woman, being sole or married, after the death of her first husband, to give, sell, or make discontinuance, for term of her life
only. This statute has been adopted in Ireland by the 4 Ann. c. 16. 10 Car. 1. st. 2. c. 8. s. 3. Ir. The 6 Ann. c. 10. s. 19. Ir. 5:22. Ente provides in like manner as the 4 Ann. c. 16. s. 21. Eng.
that all warranties made by any tenant for life of any Warranties of
lands, &c. the same descending or coming to any person tenant for life, in reversion or remainder, shall be void ; and all collate&c, void.
ral warranties, made of any lands, &c. by any ancestor wlio has no estate of inheritance in possession in the same,
shall be void against his heir. $ 2.
II. By the 32 Hen. 8. c. 28, Eng. (called the enabling
statute) all leuses to be made of any lands, &c. by writabling tenants in lail, 8c to ing indented under seal, for term of years, ar for life, by leases.
persons of full age, of 21, having any estate of inheritance S2 Hen, 8. either in fee-simple or fee-tail, in their own right, or in F. 28. Eng.
right of their churches or wives, or jointly with their wives,
shall be good in law against the lessors, their wives, heirs S. 2. and successors. But by s. 2. this act shall nat extend to
any lease of any lands, &c. being in the hands of any fermor by virtue of an old lease, unless such old lease be expired, surrendered, or ended, within one year after the making of the new lease ; vor extend to any grant of any rcrersion; nor to any lease of lands which bare not most commonly been letten to ferm by the space of 20 years nest before such lease made; nor to any lease
to be made without impeachment of waste; nor to any ** 41 years" mit 10 Car.l. lease to be made above the number of 21* years, or 3 5. 9. c. 6. ar.
lives, from the day of making thereof; and upon sucla lease there shall be reserved, yearly, so much rent or more, as hath been most accustomably paid, for the lands so to be letten, within 20 years next before: and every person to whom the reversion shall appertain after the deaths of such lessors, sliall have the like remedy against the lessees, their executors and assigns, as the lessor might have had. And it is provided (s. 3.) that the wife shall be made a party to every such lease ma:le by her husband, of any lands being the inheritance of the wife; and that every such lease be made by indenture in the name of the husband and wife, and that she seal the same; and that the rent be reserved to the husband and wife, and to the heirs of the wife, according to her estate; and that the husband shall not alien or discharge the rent longer than during the coverture, without it be by fine levied by the husband and wife. By s. 4. this act shall not give s. 6. power to any person to take more farms than he miglit have done ;* nor to'any parson or vicar to make any lease of any hereditaments belonging to their churches or yicarages, otherwise than they might bare done. The 10 10 Car. 1. st. 3. Car. l. st. 3. c. 6. Ir. is the corresponding statute in c.6. Ir Ireland ; such distinction, as is noted in the margin, is bwever to be observed; and the last clause (s. 4.) of the 32 Hen. 8. above stated, is peculiar to this English stafute. And with respect to incorporeal hereditaments the 5 Geo. 3. c. 17. Eng. in like manner enacts, that all 5 Geo. 3. c. 17. leases for 1, 2, or 3 lives, or 21 years, of any tithes, Eng. tolls, or other incorporeal hereditaments, solely, and Leases or in without any lands or corporeal hereditaments, by any corporeal herearchbishop or bishop, master and fellows, or other head be for 3 lives,
...or 21 years. and members of colleges or halls, deans and chapters," precentors, prebendaries, masters and guardians of hospitals, and every other person who is enabled to make Jeases of any lands, tenements, or other corporeal hereditaments, shall be as effectual against such archbishop and other persons, as leases of any lands or other corporeal hereditaments by the 32 Hon. 8. c. 28. supra. But
by * This clause seems to refer to the 25 Uen. 8. c. 13. Eng. which restrained persons from taking more than a farms, and which also limited the number of sheep to be kept on such farms,
by s. 2. nothing herein shall enable any master and felJows, or other head and members of colleges or halls, deans and chapters, preceptors, prebendaries, masters and guardians of hospitals, or other ecclesiastical persons as aforesaid, to grant leases for any other terms than, by the local statutes of their several foundations, they are now enabled to do. And by s. 3. in case the rent reserved
by leases, in pursuance of the several acts already in Action for ar being, or by this present act, shall be unpaid by the
space of 28 days after the days whereon the same is payable, it slajl be lawful for such archbishop, &c. or their executors, administrators, and successors respectively, to bring actions of debt against the lessees, or their heirs, executors, administrators or assigns, for recovering the rent in arrear. To which there is no act corresponding in Ire
land. . Bishops dina- Next as to the disabling statutes : By the 1 Eliz. c. 19. bled to set leuses for longer term s. 5. Eng. all gifts, grants, feoffments, fines, or other than 21 years. or 3 lives.
5 conveyance or estates, by any archbishop or bishop, of 1 Eliz. c. 19. any lands, &c. being parcel of the possessions of bis bi5. 5. Iing.
shoprick, to any person (other than to the crown) whereby any estate may pass, other than for 21 years, or 3 lives, from such time as such lease, &c. shall begin, and whereupon the old accustomed yearly rent, or more, shall be reserved, shall be void. but the exception in this sta
tute in favor of the crown, has been done away by the 2 Jac. 1. C. 3. 2 Jac. 1. c. 3. Eng, which enacts that all grants, leases,
charges, and conveyances, to the king, by any archbishop or bishop, of any of the possessions of such bishop
rick, and every confirmation of the same, shall be void. 13 Ediz. c. 10. By the 13 Eliz, c. 10, s. 3. Eng. all leases, gifts, grants, $. 3. Eug,
feoffinents, conveyances, or estates, to be made by any Other ecclesias. master and fellows of any college, dean and chapter of tical persons in
ener die any cathedral or collegiate church, master or guardian abled.
of any hospital, (which by the 14 Eliz, c, 14. Eng. is declared to include all hospitals, maison dieus, bead houses, and other houses for relief of the poor) parson, vicar, or any other having any ecclesiastical living, of any lands, &c. being parcel of the possessions of such college, church, chapter, hospital, or spiritual promotion, other than for 21 years, or 3 lives, from the time that such