Common reco- st. 2. c. 8. deliver the copy of such surrender, &c. to the person entitled thereto, or to some person authorized by him to receive the same, (or if no person be so authorized, then to the bailiff of the manor for the use of such person,) within one year from the holding such court; and shall not incur the said forfeiture till after one year from the holding such court. By the 47 Geo. 3. st. 2. c. 8. U. K. it shall be lawful for every person not being under coverture, and for every feme covert, (such feme covert being solely and secretly examined by the lord of the manor whereof the copyhold or customary tenements, a common recovery of which is proposed to be suffered, shall be holden, or by his steward, or by the deputy of such steward) to appoint any person to be his or her attorney for the purpose of surrendering such copyhold or customary tenements, to the use of any person to make him tenant to the plaint; and also to appoint any other person to appear for the person so appointing, as vouchee, and to enter into the usual warranty, and to do all other necessary acts for the suffering such recovery; and to direct the demandant to such recovery to surrender the tenements so recovered, when such recovery shall be perfected, to such uses as shall be declared in the instrument by which such attorney shall be appointed; and the surrender and recovery so had and suffered shall be of the like effect, as if the party had appeared in court in person to acknowledge such surrender, &c. and had joined in the surrender to be made by such demandant. CHAP. CHAP. XVI. Of Alienation by Devise. ་ any fee or simple may be devised, except to corporations, or by persons under disabili lies. &c. 32 Hen. 8. c. 1. s. 1. & 2. Eng. c. 5. s. 3, 4, & By the 32 Hen. 8. c. 1. s. 1. & 2. Eng. as explained Estates in fea by the 34 & 35 Hen. 8. c. 5. s. 3, 4, & 14. Eng. person being seised of an estate of inheritance, in simple, whether sole, in co-parcenary, or in common, in possession, reversion, or remainder, in any lands, held in socage, or of the nature of socage tenure, may give, will, dispose, and devise the whole thereof, or any 34 & 35 Hen. 8. rents or profits out of the same, or out of any parcel 14. Eug. thereof, to any person (except bodies corporate,) by his last will and testament in writing, or by any act executed in his life time; saving to the king and other lords their reliefs and heriots, and other rights and duties. But it is provided that wills or testaments of any lands, &c. by any woman covert, or person within the age of 21, idiot, or person de non sane memory, shall not be good or effectual. These statutes contained also several provisions in respect to tenure by knight-service, which are rendered obsolete by the 12 Car. 2. c. 24. Eng. The 10 Car. 1. st. 2. c. 2. Ir. has incorporated both these acts of Henry vin. And it is a provision of the statute of frauds in each country. (29 Car. 2. c. 3. s. 5. & 6. Eng. and 7 W. 3. c. 12. s. 3. Ir.) that all devises and bequests of W. 3. c. 12. any lands or tenements devisable either by force of the statute of wills, or by this statute, or by the custom of any borough, or other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the devisor by three or [*four] credible wit-"more" in nesses, or else they shall be utterly void. And no devise ir. in writing of lands, &c. nor any clause thereof, shall be How revocable. revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same, 10 Car. 1. st. 2. c. 2. Ir. 29 Car. 2. c. 3. s. 5. & 6. Eng. 7 9. 3. Ir. Devises of lands to be in writing, and attested by 3 witnesses. 7 W. 3. c. 12. by a witness, but devise to him moid. s. 2. Creditor also competent. by the testator himself, or in his presence, and by his directions and consent; but all devises, &c. shall remain in force until the same be burnt, &c. as aforesaid, or unless the same be altered by some other will, &c. signed in the presence of three or [*four] witnesses declaring the same. To remove the doubts as to who shall be deemed legal witnesses within the intent of this act, the 25 Geo. 3. c. 6. 25 Geo. 2. c. 6, s. 1. Eng, enacts, that if any person a. 1. Eng. shall attest the execution of any will or codicil, to whom Devisee may be any beneficial devise, legacy, estate, interest, gift or appointment, of or affecting any real or personal estate, (except charges on lands, &c. for payment of debts,) is thereby given or made, such devise, &c. shall, so far only as concerns such person attesting such will, &c. or any person claiming under him, be void; and such person shall be admitted as a witness to the execution of such And by s. 2. in will, &c. within the intent of said act. case by any will, &c. any lands, &c. shall be charged with any debts, and any creditor whose debt is so charged shall attest the execution of such will, &c. such creditor shall be admitted as a witness to the execution of such will, &c. By s. 6. the credit of every witness so attesting the execution of any will, &c, and all circumstances court, &. and relating thereto, shall be subject to the consideration of the court and the jury, before whom such witness is examined, or his testimony or attestation made use of; or of the court of equity in which his testimony, &c. shall be made use of. And by s. 7. no person to whom any beNo person examined as a wit- neficial estate, interest, gift, or appointment, shall be given or made, which is hereby enacted to be void, and who shall have been examined as a witness concerning the execution of such will, &c. shall, after being so examined, demand or take possession of, or receive any profit or benefit from, any such estate, &c. The 25 Geo. 2. c. 11. Ir. contains clauses corresponding to those of the 25 Geo. 2. c. 6. Eng. above stated: And further provides, ing payment. (s. 8.) that any person who shall give, or secure, or agree to pay, or shall accept any such legacy, or any satisfaction or security for the same, contrary to the true intent hereof, shall suffer imprisonment for 3 years; and 5. 6. Credit left to jury. s. 7. ness shall take any benefit by such will. 25 Geo. 2. c. 11. Ir. Penalty for giving or accept such c. 14. s. 1 & 2. Eng. Wills frandu 3. 3. such security or agreement shall be void. For the relief of creditors against the fraudulent devises of persons having by bonds or other specialties bound themselves and their heirs, the 3 W. & M. c. 14. Eng. pro- 3 W. & M. vides, that all wills and testaments, limitations, dispositions or appointments, of or concerning any lands, &c. or any rent, profit, term, or charge out of the same, lent against whereof any person, at the time of his decease, shall be creditors. seised in fee-simple, in possession, reversion, or remainder, or have power to dispose of the same by his last will, shall be deemed, as against such creditors, to be fraudulent and void, any pretence or feigned consideration notwithstanding. And by s. 3. in such cases every such creditor may maintain his action of debt upon such bond or specialty, against the heir at law of such obligor and such devisee jointly; and such devisee shall be liable for a false plea in the same manner as any heir would have been for any false plea, or for not confessing the lands or tenements to him descended. But by s. 4. where there shall be any limitation or appointment, devise or disposition, of any lands, &c. for the raising or payment of good against any just debt, or any portion for any child, other than creditors. the heir at law, in pursuance of any marriage contract, or agreement in writing bona fide made before such marriage, the same shall be in force, until such debt or portion shall be raised, paid, and satisfied. And this statute also protects creditors against the fraudulent alienations of the heir, as well as of the ancestor. For by s. 5. where Specialty debts suable against heir and devisee jointly. s. 4. Certain devises liable. s. 5. any heir at law shall be liable to pay the debt of his an- Heir aliening cestor in regard of any lands, &c. descending to him, before action and shall alien the same before any action brought, such heir shall be answerable for such debt, in an action of debt, to the value of the land by him aliened; in which cases all creditors shall be preferred as in actions against executors, &c. and such execution shall be taken out upon any judgment so obtained against such heir, to the value of said land, as if the same were his own debt; saving that the lands bona fide aliened before action brought shall not be liable to such execution. And by s. 6. where any action of debt upon any specialty is brought s. 6: Proceeding brought against any heir, he may plead riens per descent where riens per at the time of the original writ brought, or the bill filed descent pleaded, or against him; and the plaintiff may reply that he had judgment by confession, &c. lands, &c. from his ancestor before the original writ brought, or the bill filed; and if upon issue joined it be found for the plaintiff, the jury shall inquire of the value of the lands, &c. so descended, and thereupon judgment shall be given, and execution awarded; but if judgment be given against such heir by confession of the action, without confessing the assets descended, or upon demurrer, or nihil dicit, it shall be for the debt and damages, without any writ to inquire of the lands, &c. descended. And by s. 7. every devisee made liable by this act, shall be chargeable in the same manner as the heir at law, notwithstanding the lands devised shall be aliened before action brought. The 4 Ann. c. 5. Ir. is the corresponding statute in Ireland. · Devisee charge able as heir. Aun. c. 5. Copyright of thors for 1 CHAP. XVII. Of Title to Things Personal by Occupancy. THE 41 Geo. 8. c. 107. U. K. may be referred to this head of Occupancy. By this statute the author of any book already composed, and not printed or published, c. 107. U. K. and the author of any book which shall hereafter be com years. 41 Geo. 3. posed, and the assignees of such authors respectively, shall have the sole liberty of printing and re-printing such books for the term of 14 years from the day of first publishing the same, and no longer; and if any bookseller, printer, or other person, in the united kingdom, or British dominions in Europe, shall print, re-print, or im port, or cause to be printed, &c. any such book without the |