where the heir at law pleading a true plea, judgment is prayed against him thereupon; any thing in this present act contained to the contrary notwithstanding. auter vic, XII. And for the amendment of the law in the particu- Estates pur lars following, (2) be it further enacted by the authority shall be deaforesaid, That from henceforth any estate, pur auter vie, visable. shall be devisable by a will in writing, signed by the party so devising the same, or by some other person in his presence, and by his express directions, attested and subscribed in the presence of the devisor, by three or more witnesses; (3) and And shall if no such devise thereof be made, the same shall be charge- in the able in the hands of the heir, if it shall come to him by reason of a special occupancy, as assets by descent, as in case of lands in fee-simple, (4) and in case there be no special occupant thereof, it shall go to the executors or administrators of the party that had the estate thereof, by virtue of the grant, and shall be assets in their hands. XIII. And whereas it hath been found mischievous, that judgments in the King's Courts, at Westminster, do many times relate to the first day of the term whereof they are entered, or to the day of the return of the original, or filing the bail, and bind the defendant's lands from that time, although in truth they were acknowledged, or suffered and signed in the vacation time, after the said term, whereby many times purchasers find themselves aggrieved. be assets heir's hand. And where special occupant, there is no shall go to the execu tors. The day of ment shall gent of the XIV. Be it enacted, by the authority aforesaid, That, from and after the said four and twentieth day of June, any judge or officer of any of his Majesty's Courts of Westmin- be entered ster, that shall sign any judgments, shall, at the signing of on the marthe same, without fee for doing the same, set down the day roil. of the month and year of his so doing, upon the paper, book, extends to docket, or record, which he shall sign; which day of the cou palatine, month and year shall be also entered upon the margent of by 8 Geo.I. the roll of the record, where the said judgment shall be entered. This clause counties c. 25. s. 6. XV. And be it enacted, That such judgments as against And such judgments purchasers bona fide, for valuable consideration of lands, te- as against nements, or hereditaments, to be charged thereby, shall, in purchasers consideration of law, be judgments only from such time as they shall be so signed, and shall not relate to the first day shall relate to such time only. Writs of execution ty of goods but from the time of their delivery to the of the term whereof they are entered, or the day of the return of the original, or filing the bail; any law, usage, or course of any court to the contrary notwithstanding. XVI. And be it further enacted, by the authority aforeshall bind said, That, from and after the said four and twentieth day of the proper June, no writ of fieri facias, or other writ of execution, shall bind the property of the goods against whom such writ of execution is sued forth, but from the time that such writ shall be delivered to the sheriff, under-sheriff, or coroners, to be executed and for the better manifestation of the said time, the sheriff, under-sheriff, and coroners, their deputies and agents, shall upon the receipt of any such writ, (without fee for doing the same,) endorse upon the back thereof, the day of the month or year, whereon he or they received the officer. Contracts for sales of or more. same. XVII. And be it further enacted, by the authority aforegoods for said, That, from and after the said four and twentieth day of ten pounds June, no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such a contract, or their agents thereunto lawfully authorised. The day of the enrolment of recogni zances shall be set down; and lands in XVIII. And be it further enacted, by the authority aforesaid, That the day of the month, and year of the enrolment of the recognizances, shall be set down in the margent of the roll where the said recognizances are enrolled; (2) and that from and after the said four and twentieth day of June, the hands no recognizance shall bind any lands, tenements, or herediof purchasers, bound taments, in the hands of any purchaser, bona fide, and for valuable consideration, but from the time of such enrolment; any law, usage, or course of any court to the contrary in any wise, notwithstanding. from that time only. Nuncupative wills. XIX. And for prevention of fraudulent practices, in setting up nuncupative wills, which have been the occasion of much perjury, (2) be it enacted by the authority aforesaid, That, from and after the aforesaid four and twentieth day of c. 16. s. 14. June, no nuncupative will shall be good, where the estate thereby bequeathed, shall exceed the value of thirty pounds, that is not proved by the oaths of three witnesses, (at the least) that were present at the making thereof; (3) nor unless Explained it be proved that the testator, at the time of pronouncing the by 4 Ann. same, did bid the persons present, or some of them, bear witness, that such was his will, or to that effect; (4) nor unless such nuncupative will were made in the time of the last sickness of the deceased, and in the house of his or their habitation or dwelling, or where he or she hath been resident for the space of ten days, or more, next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling. XX. And be it further enacted, That after six months passed after the speaking of the pretended testamentary words, no testimony shall be received to prove any will nuncupative, except the said testimony, or the substance thereof, were committed to writing within six days after the making of the said will. XXI. And be it further enacted, That no letters testamentary, or probate of any nuncupative will, shall pass the seal of any court, till fourteen days at the least after the decease of the testator be fully expired; (2) nor shall any nuncupative will be at any time received to be proved, unless process have first issued to call in the widow, or next of kindred to the deceased, to the end they may contest the same, if they please. Probates of nuncupa ive will personal cstate not XXII. And be it further enacted, That no will in writ- Wills of ing, concerning any goods or chattels, or personal estate, shall be repealed, nor shall any clause, devise, or bequest, to be re voked by therein, be altered or changed by any words, or will by word word of of mouth only, except the same be in the life of the testator committed to writing, and after the writing thereof read unto the testator, and allowed by him, and proved to be so done by three witnesses at the least. mouth only. XXIII. Provided always, That notwithstanding this act, Soldiers' any soldier being in actual military service, or any mariner and marior seaman being at sea, may dispose of his moveables, wages, excepted. ners' wills The jurisdiction of courts saved. 22 and 23 C. 2. c. 10. husbands not com pellable to make dis tribution of the personal estates of their wives. and personal estate, as he or they might have done before the making of this act. XXIV. And it is hereby declared, That nothing in this act shall extend to alter or change the jurisdiction or right of probate of wills concerning personal estates, but that the Prerogative Court of the Archbishop of Canterbury, and other ecclesiastical courts, and other courts having right to the probate of such wills, shall retain the same right and power as they had before, in every respect; subject nevertheless to the rules and directions of this act. XXV. And for the explaining one act of this present Parliament, intituled, "An Act for the better settling of intestates' estates," (2) be it declared by the authority aforesaid, That neither the said act, nor any thing therein contained, shall be construed to extend to the estates of feme coverts that shall die intestate, but that their husbands may demand and have administration of their rights, credits, and other personal estates, and recover and enjoy the same, as they might have done before the making of the said act. Made perpetual by 1 Jac. 2. c. 17. s. 5. Preamble. 9 Geo. 2. c. 36. An act to restrain the disposition of lands, whereby the same become unalienable. WHEREAS gifts or alienation of lands, tenements or hereditaments, in Mortmain, are prohibited or restrained by Magna Charta, and divers other wholesome laws, as prejudicial to and against the common utility; nevertheless this public mischief has of late greatly increased by many large and improvident alienations or dispositions made by languishing or dying persons, or by other persons, to uses called Charitable uses, to take place after their deaths, to the disherison of their lawful heirs; for remedy whereof be it enacted by the King's After 24 June, 1736, no manors, lands, &c. to be laid out in lands, to be given for chari table uses, dented, and exe cuted be fore 2 wit most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June, which shall be in the year of our Lord one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, nor money advowsons, or other hereditaments, corporeal or incorporeal, whatsoever, nor any sum or sums of money, goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, shall be given, granted, aliened, limited, released, transferred, assigned, or appointed, or any ways conveyed or settled to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever, or any ways unless by charged or incumbered by any person or persons whatsoever, deed inin trust, or for the benefit of any charitable uses whatsoever; unless such gift, conveyance, appointment, or settlement of any such lands, tenements, or hereditaments, sum or sums of money, or personal estate (other than stocks in the public funds) be and be made by deed indented, sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such do- ed, &c. nor or grantor (including the days of the execution and death) and be enrolled in his Majesty's high court of Chancery, within six calendar months next after the execution thereof; and unless such stocks be transferred in the public books usually kept for the transfer of stocks six calendar months at least before the death of such donor or grantor, (including the days of the transfer and death) and unless the same be made to take effect in possession for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the be nefit of the donor or grantor, or of any person or persons claiming under him. nesses 12 months be fore the death of the donor, and enroll mitations II. Provided always, That nothing herein before men- The said litioned relating to the sealing and delivering of any deed or deeds twelve calendar months at least before the death of the not to ex purchase |