No. 4. 13 Eliz. c. 5. The Forfeiture Hob. 166. Cro. El. 645. ministrators and Assigns, and every of them, whose Actions, Suits, Debts, Accounts, Damages, Penalties, Forfeitures, Heriots, Mortuaries and Reliefs, by such guileful, covinous or fraudulent Devices and Practices, as is aforesaid, are, shall or might be in any Wise disturbed, hindred, delayed or defrauded) to be clearly and utterly void, frustrate and of none Effect; any Pretence, Colour, feigned Consideration, expressing of Use, or any other Matter or Thing to the contrary notwithstanding. III. And be it further enacted by the Authority aforesaid, That of the Parties to all and every the Parties to such feigned, covinous or fraudulent fraudulent Deeds. Feoffment, Gift, Grant, Alienation, Bargain, Conveyance, Bonds, Coke, pla. 162. Suits, Judgments, Executions and other Things before expressed, and being privy and knowing of the same, or any of them; which at Dyer, 351. any Time after the tenth Day of June next coming shall wittingly Cro. Jac. 270. and willingly put in Ure, avow, maintain, justify or defend 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 Part thereof; shall incur the Penalty and Forfeiture of one Year's Value of the said Lands, Tenements and 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 are or shall be contained in any such covinous and feigned Bond; (2) the one Moiety whereof to be to the Queen's Majesty, her Heirs and Successors, and the other Moiety to the Party or Parties grieved by such feigned and fraudulent Feoffment, Gift, Grant, Alienation, Bargain, Conveyance, Bonds, Suits, Judgments, Executions, Leases, Rents, Commons, Profits, Charges and other Things aforesaid, to be recovered in any of the Queen'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 convicted, shall suffer Imprisonment for one Half Year without Bail or Mainprise. Who shall have by what Mears. the Forfeiture. a d Common Recove IV. Provided always, and be it further enacted by the Authority ries against Te- aforesaid, That whereas sundry common Recoveries of Lands, Tenenants of Freehold. ments and Hereditaments have heretofore been had, and hereafter may be had against Tenant in Tail, or other Tenant of the 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 and Persons which then had any Remainder or Reversion, or Right of Remainder or Reversion, and against the Heirs of every of them, stand, remain 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 ne made. V. Provided always, and be it further enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not extend to make void 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 ne made; any Thing before in this Act contained to the contrary notwithstanding. Making an Estate whereby a Vouch er may be used m a Formedon. (2) The Word Bond extends to fraudulent Feoffments, Judgments, &c. mentioned in the other Parts of the Clause.-Semble Meux v. Howell, ub. supra. No. 4. Considera tien, and bora VI. Provided also, and be it enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not extend to 13 Eliz e. 5. any Estate or Interest in Lands, Tenements, Hereditaments, Leases, Estates made upon Rents, Commons, Profits, Goods or Chattels, had, made, conveved good or assured, which Estate or Interest is or shall be upon good Consi- fide. deration and bonu fide lawfully conveyed or assured to any Person or Persons, or Bodies Politick 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. VII. This Act to endure unto the End of the first Session of the next Parliament. 50 Ed. 3, c. 6. 2 R. 2, Stat. 2, c. 3. 3 H. 7, c. 4, made perpetual by 29 Eliz. c. 5. See 27 Eliz. e. 4. No. 5. 13 Elizabeth, c. 10.-Fraudulent Deeds by Spiritual Persons, to defeat their Successors of Remedy for Dilapidations, shall be void. [See the next Class.] No. 6. 18 Elizabeth, c. 2.-For the Explanation of the Statutes, intituled, Against the Defeating of Dilapidations, and against Leases to be made of Spiritual Promotions in some Respects. [See the next Class.] No. 7. 27 Elizabeth, c. 4.-An Act against covinous and fraudulent Conveyances. F ORASMUCH as not only the Queen's most excellent Majesty, but also divers of her Highness's good and loving Subjects, and 'Bodies Politick and Corporate, after Conveyances obtamed 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, incur and receive great Loss and Prejudice by Reason of fraudulent and covinous Conveyances, Estates, Gifts, Grants, Charges and Limitations of Uses heretofore made or hereafter to be made, of, in or out of Lands, Tenements or Heredita⚫ments 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 frau⚫dulent and covinous, 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 be to their own proper Use, and at their Free Disposition, coloured nevertheless by a falned Countenance and 97 Eliz. c.. 13 Eliz. c. 5. No. 7. 27 Eliz. c. 4. 50 Ed. 3, c. 6. 2 R. 2, stat. 2, c. 3. 3 H. 7, c. 4. veyances made to shall be void. Moor, 602. pl. 833, 615. 1 Roll, 167. Shew of Words and Sentences, as though the same were made bona fide, for good Causes, and upon just and lawful Considerations :' II. For Remedy of which Inconveniences, and for the Avoiding of such fraudulent, fained and covinous 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 Fraudulent Con- Parliament, That all and every Conveyance, Grant, Charge, Lease, deceive Purchase is 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 Queen's Majesty's Reign that now is, or at any Time hereafter to be had or made, for the Intent and of Purpose to defraud and deceive such Person or Persons, Bodies Politick or Corporate, as have purchased or shall afterwards purchase in Fee-simple, Fee-tail, for Life, Lives or Years, the same Lands, Tenements and Hereditaments, or any Part or Parcel thereof, so formerly conveyed, granted, 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 and Persons, Bodies Politick and Corporate, his and their Heirs, Successors, Executors, Administrators and Assigns, and against all Cok. Entr. 677, and every other Person and Persons lawfully having or claiming by, Hob. 166. from or under them, or any of them, which have purchased or shall hereafter so purchase for Money or other good Consideration, the same Lands, Tenements or Hereditaments, or any Part or Parcel 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. 3 Co. 80. Cro. Jac. 168. Vin. V.13--526. the Parties to frau. III. And be it further enacted by the Authority aforesaid, That The Penalty of all and every the Parties to such fained, covinous and fraudulent Gifts, dulent Convey Grants, Leases, Charges or Conveyances before expressed, or being ances, who do privy and knowing of the same or any of them, which after the avow the same. twentieth Day of April next coming shall wittingly and willingly put in ure, avow, maintain, justify 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 Hindrance of the said Purchaser or Parchasers, Lessees or Grantees, or of or to the Disturbance or Hindrance of their Heirs, Successors, Executors, Administrators or Assigns, or such as have or shall lawfully claim any Thing by from or under them or any of them, shall incur the Penalty and Forfeiture of one Year's Value of the said Lands, Tenements and Hereditaments so purchased or charged; the one Moiety whereof to be to the Queen's Majesty, her Heirs and Successors, and the other Moiety to the Party or Parties grieved by such fained and fraudulent Gift, Grant, Lease, Conveyance, Incumbrance or Limitation of Use, to be recovered in any of the Queen'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 half Year, without Bail or Mainprize. IV. 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 void or frustrate any Conveyance, Assignment 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 bone fide to any Person or Persons, Bodies Politick or Corporate; any Thing before mentioned to the contrary hereof notwithstanding No. 7. 27 Eliz. C. 4. Lands first con tion, or Altera tion V. And be it further enacted by the Authority aforesaid, That if any Person or Persons have heretofore sithence the Beginning of the veyed with ConQueen's Majesty's Reign that now is, made or hereafter shall make dition of Revoca any Conveyance, Gift, Grant, Demise, Charge, Limitation of Use or tion, and after sold Uses, or Assurance of, in or out of any Lands, Tenements or Here- for Money or other ditaments, with any Clause, Provision, Article or Condition of Revo- good Consideracation, Determination or Alteration, at his or their Will or Pleasure, Cro. Jac. 180. 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 Parcel 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 Assurance so made or had, shall or do bargain, sell, demise, grant, convey or charge, the same Lands, Tenements or Hereditaments, or any Part or Parcel thereof, to any Person or Persons, Bodies Politick and Corporate, for Money 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 void 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, and Hereditaments, so after bargained, sold, conveyed, demised or charged against the said Bargainees, Vendees, Lessees, Grantees and every of them, their Heirs, Successors, Executors, Administrators and Assigns, and against all and every Person and Persons which have, shall or may lawfully claim any Thing, by, from or under them or any of them, shall be deemed, taken and adjudged to be void, frustrate, and of none Effect, by Virtue and Force of this present Act. VI. Provided nevertheless, That no lawful Mortgage made or to Mortgases lawfu be made bona fide, and without Fraud or Covin, upon good Consi- ly made. deration, shall be impeached or impaired by Force of this Act, but shall stand in the like Force and Effect as the same should have done if this Act had never been had nor made; any Thing in this Act to the contrary in any wise notwithstanding, of the Clerk of VII. And be it further enacted by the Authority aforesaid, That Statute Merchant all the whole Tenor and Contents of all Statutes Merchant and &c. shall be enStatutes of the Staple, hereafter to be knowledged, shall within six tered in the Office Months next after such Knowledging, be entered in the Office of the Recognizances Clerk of Recognizances, taken according to the Statute made in the 23 H. 8. c. 6. Three and Twentieth Year of the Reign of the late King HENRY the Eighth, by the shewing forth of the said Statute Merchant or Statute Staple so knowledged unto the said Clerk; which said Clerk of the Recognizances shall enter, or cause to be entered, the same Statutes into a Book for that Purpose to be provided and safely kept by him, taking eight Pence and no more, for every such Entry. not entered, void VIII. And be it further enacted, That if the Party to whom any such Statute Merchant or of the Staple shall be knowledged, his The Statute Executors or Administrators, do or shall not within four Months next against the Purafter the Knowledging of any such Statute, bring and deliver, or cause chaser. to be brought and delivered, unto the said Clerk, or 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 Clerk, his Deputy or Deputies, may take and enter a true Copy thereof; That then every such Statute Merchant and of the Staple not so entered shall be void, frustrate and of nope No 7. • Eliz. C. 4, ring, or not en Effect, against all and every such Person and Persons, and Bodies Politick and Corporate, their Heirs, Successors, Executors, Administrators and Assigns only, 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 of the Staple, or any Part or Parcel thereof, or any Rent, Lease or Profit of or out of the same. IX. And if the said Clerk, or his Deputy or Deputies for the The Forfeiture of Time being, shall not upon such Shewing and Delivery unto him or the Clerk not en- them of any Statute Merchant or of the Staple, enter or cause to be dorsing a Satute. entered the same in his said Book within the said Time of six Months, and also endorse upon every such Statute so by him entered, the Day and Year of his said Entry, with his or their own Name; That then every such Clerk 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 entered and endorsed, or caused to be entered and endorsed as aforesaid, the Sum of Twenty Pounds; the one Moiety whereof to be to the Queen's Majesty, her Heirs and Successors, and the other Moiety to him or them that will sue for the same in any of the Queen's Courts of Record, by Action of Debt, Bill, Plaint or Information, wherein no Essoin, Protection or Wager of Law shall be allowed. Clerk of the Re cognizances Fees to search. X. And be it further enacted by the Authority aforesaid, That no Clerk 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 entered as aforesaid, above two Pence for one Year's Search, and so after the Rate of two Pence for every Year and not above, upon Pain to forfeit and lose 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 Queen Majesty's Courts of Record, by Action of Debt, Bill, Plaint or Information, wherein no Protection or Wager of Law shall be allowed. This Act to continue for the Space of ten Years, and from thenceforth unto the End of the Parliament then next following. XI. Provided always, That this Act, nor any Thing therein Assurances of contained, shall extend or be construed to make good any Purchase, Lands defeated Grant, Lease, Charge or Profit, of, in or out of any Lands, TenePossession at the ments or Hereditaments heretofore inade void, defeated or undone, by Time of the St. Reason of any former Conveyance, Grant or Assurance, so as the and the Party in tute. The Authority of the Court of StarChamber, Introduction. Party or Parties or their Heirs or Assigns, which have so defeated or made void the same, were in actual Possession the first Day of this present Parliament, of or in the said Lands, Tenements or Hereditaments, whereof or out of which any such Purchase, Grant, Lease, Charge or Profit was inade. XII. Provided that this Act, nor any Thing therein contained, shall extend in any Sort to restrain or impair the Jurisdiction, Power or Authority of the Court of Star-Chamber. [Made perpetual by 39 El. c. 18. § 32 ] Note to the Statutes on Fraudulent Conveyances. § 1. The Statutes 13 and 27 Eliz. have been fully commented upon by Mr. Roberts, in an express Treatise respecting them, of which the Editor has fully availed himself, in the View which is taken of the Subject in the present Note, although very materially differing from that Gentleman in many of his Ideas upon the Subject. The Statutes in Question, so far as they relate to actual, intentional Fraud, may perhaps be considered as little more than declaratory of the Common |