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Lands, &c. in trust, may be delivered in execution upon judgments, &c. as if cest. q' trust in possession,
and held free from incumbrances of those seised in trust.
Trust in feesim. descending to heir of cestuy q' trust, assets; and chargeable with obligation of ancestor, as if the estate descended in possession.
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VII. And be it further enacted by the authority aforesaid, That from and after the said feast day of the nativity of St. John the Baptist, which shall be in the year of our Lord God one thousand six hundred and ninety-six, it shall and may be lawful for every sheriff, or other officer, to whom any precept or writ is or shall be directed at the suite of any person or persons of, for, and upon any judgment, statute or recognizance hereafter to be made, or had, to do, make, and deliver execution unto the party in that behalf sueing, of all such lands, tenements, rectories, tyths, rents, and hereditaments, as any other person or persons be in any manner of wise seized or possessed in trust for him, against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution hereafter shall be so sued had been seized of such lands, tenements, rectories, tyths, rents, or other hereditaments of such estate as they be seized of in trust for him at the time of the said execution sued; which lands, tenements, rectories, tyths, rents, or other hereditaments, by force and vertue of such executions shall accordingly be held and enjoyed, freed, and discharged from all incumbrances of such person or persons, as shall be so seized or possessed in trust for the person against whom such execution shall be sued: and if any cestuyque trust hereafter shall dye, leaving a trust in fee-simple to descend to his heirs, there and in every such case, such trust shall be deemed and taken, and is hereby declared to be, assets by descent, and the heir shall be lyable to and chargeable with the obligation of his ancestor for or by reason of such assets, as fully and amply as he might and ought to have been, if the estate in law had descended to him in possesion, in like manner as the trust descended; any law, custom, or usage to the contrary in any wise notwithstanding.
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