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CHAP. III.
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An Act against covenous and fraudulent Conveyances.
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27 Eliz. 4 Eng.
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Fraudulent conveyances, incumbrances, &c. to deceive purchasers, void as against them.
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FORASMUCH as not onely the King’s most excellent Majesty, but also divers of his Highnesse good and loving subjects, and bodies politique and corporate, after conveyances obtained, or to be obtained, and purchases made, or to be made, of lands, tenements, leases, estates and hereditaments, for money or other good considerations, may have, incurre, and receive great losse and prejudice, by reason of fraudulent and covenous conveyances, estates, gifts, grants, charges and limitations of uses heretofore made or hereafter to be made, of, in, or out of lands, tenements, or hereditaments so purchased or to be purchased; which said gifts, grants, charges, estates, uses and conveyances were, or hereafter shall be meant and intended by the parties that so make the same, to be fraudulent and covenous, of purpose and intent to deceive such as have purchased or shall purchase the same, or else by the secret intent of the parties, the same to be to their owne proper use, and at their free disposition, coloured neverthelesse by a fained countenance, and shew of words and sentences, as though the same were made bona fide for good causes, and upon just and lawfull considerations. For remedy of which inconveniences, and for the avoyding of such fraudulent, fained, and covenous conveyances, gifts, grants, charges, uses and estates, and for the maintenance of upright and just dealing in the purchasing of lands, tenements and hereditaments; Be it ordained and enacted by the authority of this present Parliament, That all and every conveyance, grant, charge, lease, estate, incumbrance and limitation of use, or uses, of in or out of any lands, tenements, or other hereditaments whatsoever had or made any time heretofore sithence the beginning of the raigne of King James, his Majesty of famous memory, or at any time hereafter to be had or made, for the intent and purpose to defraud and deceive such person or persons, bodies politique or corporate, as have purchased, or shall afterwards purchase in see simple, see tayle, for life, lives or years, the same lands, tenements, and hereditaments, or any part or parcell thereof so formerly conveyed, graunted, leased, charged, incumbred or limited in use, or to defraud and deceive such as have, or shall purchase any rent, profit or commodity, in, or out of the same, or any part thereof, shall be deemed and taken only as against that person or persons, bodies politique and corporate, his and their heires, successors, executors, administrators and assignes, and against all and every other person and persons, lawfully having or clayming, by, from or under them, or any of them, or to their, or any of their use or uses, which have purchased, or shall hereafter so purchase, for money or other good consideration, the same lands, tenements, or hereditaments, or any part or parcell thereof, or any rent, profit, or commodity in, or out of the same, to be utterly void, frustrate, and of none effect; any pretence, colour, fained consideration, or expressing of any use or uses, to the contrary notwithstanding.
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Penalty upon parties and privies, to fraudulent conveyances, if they avow or justify the same.
One year’s value of the lands purchased or charged, one moiety to the K. the other to the persons grieved,
and one half year’s imprisonment, upon conviction.
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II. And be it further enacted by the authority aforesaid, That all and every the parties to such fained, covenous and fraudulent gifts, grants, leases, charges, or conveyances before expressed, or being privy or knowing of the same, or any of them, which after the first day of May next coming, shall wittingly and willingly put in ure, avowe, maintaine, justifie or defend the same, or any of them, as true, simple, and done, had or made, bona fide, or upon good consideration, to the disturbance or hinderance of the said purchaser or purchasers, lessees or grauntees, or of, or to the disturbance or hinderance of their heirs, successors, executors, administrators or assignes, or such as have, or shall lawfully claime any thing by, from or under them, or any of them, or to their or any of their use or uses, shall incurr the penalty or forfeiture of one years value of the said lands, tenements and herediaments, so purchased or charged, the one moyety whereof to be to the King’s Majesty, his heires and successors, and the other moyety to the person or persons grieved by such fained and fraudulent gift, grant, lease, conveyance, incumbrance, or limitation of use, to be received in any of the King’s courts of record, by action of debt, bill, plaint or information, wherein no essoine, protection or wager of law, shall be admitted for the defendant or defendants; and also being thereof lawfully convicted, shall suffer imprisonment for one half year, without baile or mainprise.
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Conveyances on good consideration and bona fide not made void.
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III. Provided also, and be it enacted by the authority aforesaid, That this act or any thing therein contained, shall not extend or be construed to impeach, defeat, make voide, or frustrate any conveyance, assignement of lease, assurance, grant, charge, lease, estate, interest or limitation of use or uses, of, in, to, or out of any lands, tenements, or hereditaments heretofore at any time had or made, or hereafter to be had or made, upon or for good consideration, and bona fide, to any person or persons, bodies politique or corporate; any thing before mentioned to the contrary hereof notwithstanding.
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Conveyance with power of revocation or alteration, void as against a subsequent bargain and sale, charge, &c. for money or other consideration.
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IV. And be it further enacted by the authority aforesaid, That if any person or persons have heretofore, sithence the beginning of the raign of our late most gracious foveraigne lord King James of ever blessed memory, made, or hereafter shall make any conveyance, gift, grant, demise, charge, limitation of use or uses, or assurance of, in, or out of any lands, tenements, or hereditaments, with any clause, provision, article, or condition of revocation, determination or alteration, at his or their will or pleasure, of such conveyance, assurance, grants, limitations of uses or estates, of, in or out of the said lands, tenements, or hereditaments, or of, in, or out of any part or parcell of them contained or mentioned in any writing, deed, or indenture of such assurance, conveyance, grant or gift; and after such conveyance, grant, gift, demise, charge, limitation of uses or assurances so had or made, shall or doe bargaine, sell, demise, grant, convey, or charge the same lands, tenements, or hereditaments, or any part or parcell thereof, to any person or persons, body politicke or corporate, for mony, or other good consideration, paid or given, the said first conveyance, assurance, gift, grant, demise, charge or limitation, not by him or them revoked, made voide, or altered according to the power and authority reserved or expressed unto him or them, in and by the said secret conveyance, assurance, gift or grant ; that then the said former conveyance, assurance, gift, demise, and grant, as touching the said lands, tenements, or hereditaments, so after bargained, sold, conveyed, demised, or charged, against the said bargainees, vendees, lessees, grauntees, and every of them, their heires, successors, executors, administrators and assigns, and against all and every person and persons which have, shall, or may lawfully claime any thing, by, from, or under them, or any of them, or to their or any of their use or uses, shall be deemed, taken and adjudged to be void, frustrate and of none effect, by vertue and force of this present act.
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But no lawful mortgage bona fide and on good consideration to be impeached by this act.
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V. Provided neverthelesse, that no lawfull morgage made or to be made bona fide, and without fraud or covin, upon good consideration, shall be impeached or impaired by force of this act, but shall stand in like force and effect as the same should have done, if this act had never been had or made; any thing in this act contained to the contrary in any wife notwithstanding.
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Statutes merchant or staple, shall in six months after acknowledging, be entered with the clerk of recognisances.
Fee 8d.
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VI. And be it further enacted by the authority aforesaid, That all the whole tenor and contents of all statutes merchants, and statutes of the staple, hereafter to be acknowledged, shall within six months next after such knowledging, be entered in the office of the clerke of the recognizances in his Majesties high court of chancery in this realm of Ireland, by the shewing forth of the said statute merchant, or statute staple, so knowledged unto the said clerke, which said clerke of recognisance shall enter, or cause to be entered, the same statutes into a booke for that purpose to be provided, and safely kept by him, taking eight pence sterling, and no more, for every such entry.
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Statutes not entered void against subsequent purchasers for good consideration.
Clerk not entering or indorsing the statute forfeits 20l.
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VII. And be it further enacted, that if the party to whom any such statute merchant or of the staple shall be knowledged, his executors or administrators, doe, or shall not within foure moneths next after the knowledging of any such statute, bring and deliver, or cause to be brought and delivered unto the said clerke, or to his deputy or deputies for the time being, all and every such statute and statutes, as shall be so knowledged to him or to his use, whereby and to the intent that the said clerke, his deputy or deputies, may take and enter a true copy thereof, that then every such statute merchant and of the staple not so entred, shall be void, frustrate and of none effect, against all and every such person and persons, and bodies politique and corporate, their heires, successors, executors, administrators and assignes onely, as shall after the knowledging of the said statutes, or any of them purchase for money, or other good consideration, the lands, tenements, or hereditaments which were liable to the same statute merchant or the staple, or any part or parcell thereof, or any rent, lease or profit, of or out of the same; and if the said clerke, or his deputy or deputies for the time being, shall not upon such shewing and delivering unto him or them, of any statute merchant or of the staple, enter or cause to be entered, the same in his said booke, within the said time of six months, and also indorse upon every such statute so by him entred, the day and yeare of the said entry, with his or their owne name; that then every such clerke failing or defective in that behalf, shall forfeit and lose for every statute merchant and of the staple, so brought unto him or them, and not entred and indorsed as is aforesaid, the summe of twenty pounds ; the one moyety whereof to be to the King’s Majestie, his heires and successors, and the other moyety to him or them that will sue for the same, in any of the King’s courts of record, by action of debt, bill, plaint, or information, wherein no essine, protection, or wager of law shall be allowed.
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Fee to the clerk for search for any statute, 2d. for one year’s search, and not more on pain of 20 times as much to the party grieved.
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VIII. And be it further enacted by the authority aforesaid, That no clerke of the said recognizances shall or may take, for or in respect of any search to be made for or concerning any statute merchant or of the staple, so to be entred as aforesaid, above two pence for one years search, and so after the rate of two pence for every yeare, and not above, upon paine to forfeit and loose to the party or parties grieved thereby, twenty times as much as he shall take contrary to the true meaning of this act, to be recovered in any of the King’s Majesties courts of record, by action of debt, bill, plaint or information, wherein no protection or wager of law shall be allowed.
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IX. Provided alwayes, That this act, nor any thing therein contained, shall extend or be construed to make good any purchase, grant, lease, charge or profit, of in or out of any lands, tenements, or hereditaments, heretofore made voide, defeated, or undone, by reason of any former conveyance, grant or assurance, so as the party or parties, or their heires or assigns, which have so defeated or made voyde the same, were in actuall possession the first day of this present Parliament, of or in the said lands, tenements, or hereditaments, whereof, or out of the which, any such purchase, grant, lease, charge or profit was made.
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13 Eliz. 5. Eng.
Fraudulent conveyances, &c. of lands or goods to avoid the debts or duties of others, void.
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X. And furthermore for the avoyding and abolishing of fained, covenous and fraudulent feoffments, gifts, grants, alienations, conveyances, bonds, suites, judgements and executions, as well of lands, and tenements, as of goods and chattels more commonly used and practised in these daies, then hath been seen or heard of heretofore; which feoffments, gifts, grants, alienaions, bonds, suits, judgements and executions have been and are devised and contrived of malice, fraud, covin, collusion or guile, to the end, purpose and intent to delay, hinder or defraud creditors and others of their just and lawfull actions, suits, debts, accompts, dammages, penalties, forfeitures, herriots, mortuaries, and reliefs, not onely to the lette or hinderance of the due course or execution of law and justice, but also to the overthrow of all true and plaine dealing, bargaining and chevisance between man and man, without the which no common wealth or civill society can be maintained or continued; Be it therefore further declared, ordained and enacted, by the authority of this present Parliament, That all and every feoffment, guist, grant, alienation, bargaine and conveyance of lands, tenements, hereditaments, goods and chattels, or of any of them, or of any lease, rent, common, or other profit or charge out of the same lands, tenements, hereditaments, goods, and chattles, or any of them, by writing or otherwise, and all and every bond, suit, judgement and execution at any time had or made, sithence the beginning of the raign of his said late Majesty King James of blessed memory, or at any time hereafter to be had or made, to or for any intent or purpose before declared and expressed, shall be from henceforth deemed and taken onely as against that person or persons, his or their heires, successors, executors, administrators and assignes, and every of them, whose actions, suits, debts, accompts, dammages, penalties, forfeitures, herriots, mortuaries and relieses, by such guilefull, covenous and fraudulent devises and practies, as is aforesaid, are, shall, or mought be in any wise disturbed, hindred, delayed or desrauded to be clearely and utterly void, and of none effect: any pretence, colour, fained consideration, expressing of use, or any other matter or thing to the contrary notwithstanding.
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Parties or privies that justify, &c. forfeit one years value of the lands, the whole value of goods, and the money contained in such covenous bond,
to be divided and recovered, and imprisonment upon conviction as aforesaid.
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XI. And it is further enacted by the authority aforesaid, That all and every the parties to such fained, covenous or fraudulent feoffment, gift, grant, alienation, bargaine, conveyance, bonds, suits, judgements, executions, and other things before expressed, or being privy and knowing of the same, or any of them, which at any time after the first day of May next comming shall wittingly and willingly put in ure, avow, maintaine, defend or justifie the same, or any of them, as true, simple and done, had, or made bona fide, and upon good consideration, or shall alien or assign any the lands, tenements, goods, leases, or other things before mentioned to him or them conveyed, as is aforesaid, or any parte thereof, shall incurre the penalty or forfeiture of one years value of the said lands, tenements, hereditaments, leases, rents, commons or other profits, of or out of the same, and the whole value of the said goods and chattels, and also so much money as is or shall be contained in any such covenous and fained bonds, the one moyety whereof to be to the King’s Majesty, his heires and successors, and the other moyety to the partie or parties grieved, by such fained and fraudulent feoffment, gift, grant, alienation, bargaine, conveyance, bonds, suits, judgments, executions, leases, rents, commons, profits, charges, and other things aforesaid, to be recovered in any of the King’s courts of record, by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be admitted for the defendant or defendants; and also being thereof lawfully convicted, shall suffer imprisonment for one halfe yeare, without baile or mainprise.
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Common recoveries shall be of like effect as before.
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XII. Provided alwayes, and be it further enacted by the authority aforesaid, that whereas fundry common recoveries of lands, tenements and hereditaments, have heretofore been had, and hereafter may be had against tenant in tayle, or other tenant of freehold, the reversion or remainder, or the right of reversion or remainder then being in any other person or persons, that every such common recovery heretofore had and hereafter to be had, of any lands, tenements or hereditaments, shall as touching such person or persons, which then had any remainder or reversion, or right of remainder or reversion, and against the heires of every of them, stand, remaine, and be of such like force and effect, and of none other as the same should have been, if this act had never been had or made.
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And also conveyances wherein voucher in any writ of Formedon used.
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XIII. Provided alwayes, and be it further enacted by the authority aforesaid, that this act, or any thing therein contained, shall not extend to make voyd any estate or conveyance, by reason whereof any person or persons shall use any voucher in any writ of Formedon now depending, or hereafter to be depending, but that all and every such vouchers in any writ of Formedon shall stand and be in like force and effect, as if this act had never been had nor made; any thing before in this act contained to the contrary notwithstanding.
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This act not to extend to conveyances upon good consideration and bona fide, without notice of such fraud.
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XIV. Provided also, and be it enacted by the authority aforesaid, That this act, or any thing therein contained, shall not extend to any state or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattells, had, made, conveyed or assured, or hereafter to be had, made, conveyed or assured; which estate or interest is or shall be upon good consideration and bona fide lawfully conveyed or assured to any person or persons, or bodies politique or corporate, not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud, or collusion, as is aforesaid; any thing before mentioned to the contrary hereof notwithstanding.
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Nor to restrain the power of the court of castle chamber.
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XV. Provided alwayes that this act, or any thing therein contained, shall not extend in any fort to restraine or impaire the jurisdiction, power or authority of the high court of castle chamber.
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