c. 41. No. 14. separate Demises of the several specifick Parts thereof comprised in 39 & 40 Geo. III. and demised by such several Leases, shall be deemed and taken to be the ancient and accustomed Rents for such specifick Parts respectively, within the Intent and Meaning of an Act, passed in the thirty-second Year of the Reign of his late Majesty King HENRY the Eighth, intituled, Lessees to enjoy the Farm against the Tenants in Tail; and of an Act, passed in the first Year of the Reign of her late Majesty Queen ELIZABETH, intituled, An Act giving Authority to the Queen's Majesty, upon the Avoidance of any Archbishop or Bishop, to take into her Hands certain of the Temporal Possessions thereof, recompensing the same with Parsonages impropriale, and Tythes; and of another Act, passed in the thirteenth Year of the same Queen, intituled, Fraudulent Deeds made by Spirstual Persons, to defeat their Successors of Remedy for Dilapidations, shall be void, &c. and of another Act, passed in the fourteenth Year of the Reign of the same Queen, iniituled, An Act for the Continuation, Explanation, perfecting, and enlarging of divers Statutes. Demise made be less the Rents re II. Provided always, That Nothing herein contained shall extend fore passing this to confirm or render valid any Demise made before the passing of this Act not valid, un- Act, unless the several Rents reserved upon the separate Demises of served be equal to separate Parts of Tenements, theretofore accustomably demised under or more than the one entire Lease, shall be equal to or more than the Rent or Rents Ren's accustoma theretofore accustomably reserved on the entire Demise of the Whole, bly reserved, &c. or in case the Whole should not be demised, but Part reserved in the Possession of the Lessor or Lessors, unless the Rents reserved on the Parts demised should be so far equal to or more than the whole Amount of the ancient Rent or Rents, that the Part not demised should be sufficient to answer the Difference. Where the Whole shall in future ed shall not be less III. Provided also, That where the Whole of any such Honours, of such Premises Castles, Manors, Messuages, Lands, Tythes, Tenements, or other be demised in Hereditaments, accustomably demised by one Lease, shall be demised Parts, the aggre in l'arts by several Leases, after the passing of this Act, the aggregate gate Rents réserv- Amount of the several Rents which shall be reserved by such separate than the old ar Leases, be not less than the old accustomed Rent or Rents theretofore customed Rent, reserved by such entire Lease; and that where a Part only shall be so tion where a Part demised by any such separate Lease, and the Residue shall be retained shall be retained in the Possession of the Lessor or Lessors, the Rent or Rents to be Possession by reserved by such separate Lease or Leases, shall not be less in Propor and so in Propor the Lessur. No greater Proportion of the tion to the Fine or Fincs to be received on granting such Lease or Leases, than the Rent or Rents accustomed to be reserved for the Whole of the said Premises, was in Proportion to the Fine received on granting the last entire Lease. IV. Provided also, That no greater Proportion of the accustomed accustomed Rent Rent be reserved by any separate Lease hereby confirmed or allowed shall be reserved to be granted, than the Part of the Premises thereby severally demised by any separate will reasonably bear and afford a competent Security for. Lease than bear fick have been reserved Part of the Pre- V. Provided also, That where any specifick Thing, incapable of Dises dennsed will Division or Apportionment shall have been reserved or made payable Where any speri to the Lessor or Lessors, his or their Heirs or Successors, either by thug shell Way of Rent, or by any Covenant or Agreement contained in any by the Less: r, it such entire Lease, the same may be wholly reserved and made payable may be charged on out of a competent Part of such Lands or Tenements demised by any a competent Part such several Lease as aforesaid; and in case, in any Lease already granted, and intended hereby to be confirmed, any such Provision shall appear to have been made for the Payment and Delivery of any such Sum or Sums of Money, Stipends, Augmentations, or other Things as aforesaid, the sanre shall be deemed and taken to have been lawfully made, in case the Lands and Tenements charged therewith shall be of a greater annual Value than the Payment or other Things so charged, of the Premises, exclusive of the Rent or other annual Payment reserved to the Lessor or Lessors. No. 14. 39 & 40 Geo III. c. 41 VI. Provided further, that Nothing herein contained shall extend No Lease confirmto authorize or confirm any Lease whereon no annual Rent is or ed whereon no au shall be reserved to the Lessor or Lessors, his or their Successors or nual Rent to the Lessor is reserved. Assigns. such Lease made VII. Provided also, and be it further enacted, That this Act, or No to authorize any Thing herein contained, shall not authorize the Reservation or the Reservation of Payment of any Rent or Rents upon any such several Lease made or any Rent on any to be made under Authority of this Act, by any Master, Provost, Pre- by any Master, sident, Warden, Dean, Governor, Rector, or Chief Ruler of any Col- & of any College, Cathedral Church, Hall or House of Learning, in the Universi- lege in the Unities of Oxford and Cambridge, or by the Warden or other Head Officer any other Manner of the Colleges of Winchester and Elon, in any other Manner or Pro- thau is required by portions than is required by an Act passed in the eighteenth Year of 18 Eliz. c. 6. the Reign of her said late Majesty Queen ELIZABETH, intituled, An Act for the Maintenance of the Colleges in the Universities, and of Winchester and Eton. versities, &c. in have been reserv the shall be made in thereof out of Pre. VIII. Provided also, That where any such accustomably entire Leases as aforesaid shall have usually contained Covenants on the Part Where Payments of the Lessee or Lessees for the Payment or Delivery, or shall have in ed to Vicars, &c. any other Manner subjected or charged such Lessee or Lessees to or other than with the Payment or Delivery, of any Sum or Sums of Money, Sti- Lessors Provision pend, Augmentation, or other Thing, to or for the Use of any Vicar, Leases for the Curate, Schoolmaster, or other Person or Persons, other than and future Payment besides the Lessor or Lessors, and his or their Heirs or Successors, all miss of three or any such Leases as shall hereafter be granted of the same Lands or Times the annual Tenements in Severalty as aforesaid, shall and may lawfully provide Value, exclusive of for the future Payment and Delivery of such Suni or Sums of Money, Stipends, Augmentations, or other Things, by and out of any Part or Parts of the Lands or Tenements accustomably charged therewith, not being of less annual Value than three Times the Amount of the Payment so to be charged thereon, exclusive of the Proportion of Rent or other annual Payments to be reserved to the Lessor or Lessors. the Rent. car, &c. to such IX. Provided always, That Nothing in this Act shall extend to Not to confirm the establish or confirm the Claim of any Vicar, Curate, Schoolmaster, or Claim of any Vi other Person or Persons, to any such Sum or Sums, Salary, Stipend, or Payment, where it other Thing as aforesaid, the Payment and Continuance whereof shall depends only on depend only on the Will of the Person or Persons, or Body or Bodies the Will of the Person granting Politick or Corporate, granting or renewing such Lease or Leases or enewing the respectively. Lease. Under Leases of render them, that sors to the Cestui X. And be it further enacted, That where any Person or Per- Persons holding sons now holding, or who shall hereafter hold, any such Lease or such Leases in Leases as in this Act mentioned, shall or may hold the same, or any Trust, or granting specifick Part of the Lands or Tenements thereby demised, in Trust specifick l'aits un for any other Person or Persons, or for any Body or Bodies Politick or der Covenants of Corporate, or shall have granted any Under Lease or Under Leases of Renewal, may surany specifick Part or Parts of his, her, or their respective Holdings, separate Leases and be under any Covenant or Engagement for Renewal thereof, to any may be granted by other Person or Persons, Body or Bodies Politick or Corporate, when the original Lesand as often as his, her, or their own Lease or Leases shall be renewed, que Trusts and it shall and may be lawful for such Person or Persons as first men- Under Lessees on tioned, at any Time or Times after the passing of this Act, to surrender subject to the ac his, her, or their Lease or Leases, in order that separate and distinct customed Leases may be granted by the original Lessor or Lessors of such specifick Parts of the same Premises as shall have been held in Trust, or subject to such Covenants or Engagements for Renewal as aforesaid, to the respective Under Lessees and Cestuique Trusts, upon fair and reasonable Terms, subject to an Apportionment of the accustomed reasonable Terms, &c. Rent, Rent or Rents, and other Payments, according to the Intent and 30 & 40 Geo. III. Meaning of this Act; and every such Surrender so made, and the new No. 14. c. 41. Leases to be granted thereon, according to the Intent and Meaning of this Act, shall be good and effectual in Law and Equity, notwithstanding such Under Lessees and Cestuique Trusts, or any of them, shall or may be Infants, Issue unborn, Femes Covert, Persons absent from the Realm or otherwise incapacitated to act for themselves, provided that such new Leases respectively be for the Benefit of the several Persons entitled to the Benefit of such surrendered Lease or Leases respectively, and be expressly so declared in the Body of each such new Leases respectively. 421 PART II. CLASS IX. USES. No. 1. 1 Richard I. c. 1.-All Acts made by or against Cestuy que use shall be good against him, his Heirs, and Feoffees in Trust. The several Inconveniences of secret Feoffments. The Estate of Tenant in Tail saved.* IRST, Because that by secret and unknown Feoffments, great Cro. El. 187. 2 FIRS Unsurety, Trouble, Costs, and grievous Vexations do daily 1 Richard I. c. 10. grow betwixt the King's Subjects, insomuch that no man that Obs. since the buyeth Lands, Tenements, or other Hereditaments, nor the last Stat. 'Will of Men to be performed, nor Leases for Term of Life or of 27 H. 8. c. 10. Years, nor Annuities granted to any Person or Persons for their 1 Co. 133. Services for Term of their Lives or otherwise, be in perfect Surety, Roll, 314, nor without great Trouble and Doubt of the same, by Reason of 316, 334, 335, such privie and unknown Feoffments: For the Remedy whereof it 418, 429. is ordained, established, and enacted, by the Advice of the Lords 1 Anders. 333. Spiritual and Temporal, and the Commons in this present Parliament 7 H. 7, f. 6. assembled, and by Authority of the same, That every Estate, Feoff- 15 H. 7, f. 12, ment, Gift, Release, Grant, Leases, and Confirmations of Lands, 13. Tenements, Rents, Services, or other Hereditaments, made or had 26 H. 8, f. 2. or hereafter to be made or had by any Person or Persons being of full 2 Leonard, 153. Age, of whole Memory, at laige and in dures, to any Person or Persons, and all Recoveries and Executions had or made, shall be good and effectual to him to whom it is so made, had or given, and 27 H. 8, c. 10. to all other to his Use, against the Seller, Feoffor, Donor, or Granter of the same, and against the Sellers, Feoffors, Donors, or Granters, and his and their Heirs, claiming the same only as Heir or Heirs to the same Sellers, Feoffors, Donors, or Granters, and every of them, and against all other haying or claiming any Title or Interest in the same, only to the Use of the same Seller, Feoffor, Donor, or Granter, or Sellers, Donors, or Granters, or his or their said Heirs, at the Time of the Bargain, Sale, Covenant, Gift, or Grant made; saving to every Person or Persons such Right, Title, Action, or Interest, by Reason of any Gift in Tail thereof made, as they ought to have if this Act had not been made. This Statute, after having been disregarded from the passing of the Statute of Uses, 27 Hen. VIII. for a Period of two Centuries and a Half, was relied upon in Argument as applicable to Terms of Years, in the Case of Goodtitle v. Jones, 7 T. R. 47. It was held not to apply to the Circumstances of that Case; but in Blake v. Foster, 8 T. R. 494, it was referred to by Lawrence, J. as still in Force. Mr. Sugden has, in a Note to Gilbert on Uses and Trusts, p. 67. adduced very satisfactory Reasons for holding that it has not now any Operation whatever. 1 H. 7, c. 1. No. 2. 19 Henry VIII. c. 15.-The Lands of Cestuy que Use shall be put in Execution for his Debt, and shall satisfy the Chief Lord, his Relief and Herriot, and he (being a Bondman) may be seised by the Lord. 27 H. VIII. c. 10. 1 R. 3, c. 1. 1 Co. f. 123. 1 Leon. 14. 2 Leon. 16. Lane, 93. $ Bulst. 185, 252. Godbolt, 299, 1. 416. No. 3. 27 Henry VIII. c. 10.-An Act concerning Uses and W Wills. (1) THERE by the Common Laws of this Realm, Lands, Tene ments and Hereditaments be not devisable by Testament, nor ought to be transferred from one to another, but by solemn Livery and Seisin, Matter of Record, Writing sufficient made bona fide, without Covin or Fraud; yet nevertheless divers and sundry Imaginations, subtle Inventions and Practices have been used, whereby the (1) It is not the Editor's Intention to enter into a Dissertation upon the extensive System of Law which has arisen from the present Statute, and which forms one of the most important Branches of the Doctrine of real Property. The general Doctrines arising from the Statute are exhibited in Lord Bacon's Reading on the Statute-in Gilbert's Law of Uses and Trusts-Mr. Sander's Treatise on the same Subject-Mr. Cruise's Chapters on those Subjects in his Digest of the Law of Conveyances, and which are also published in a separate Form-Mr. Sugden's Treatise on the Law of Powers. The Notes of the Gentleman last mentioned have given great Value to his Edition of Gilbert; but it certainly would have been more satisfactory to the present Annotator, if, in Lieu of that Edition, he had presented the Public with an original Work upon the Subject, according to his own Arrangement, availing himself of the Work which he has edited as supplying a valuable Repertory of Materials. For a less extensive View of the Subject, it is impossible that any Thing could be offered more satisfactory than the Information contained in Blackstone's Commentaries, vol. II ch. 20, p. 327. The well-known Observation that a Statute made upon great Deliberation, and introduced in the most solemn Manner, has had little other Effect than to make a slight Alteration in the formal Words of a Conveyance. Vaughan 50. 1 Atk. 591. 2 Bl. Com. 336, is certainly not quite warranted by the Fact, as it ́is manifest, that in Consequence of the Statute, many Modifications of Real Property have been introduced for the Convenience of Families, of which the Common Law was not susceptible; and how little soever the Retention of what was formerly known by the Name of Uses, under the substituted Appellation of Trusts, may have been warranted, upon the true Principles of judicial Construction, it certainly has been attended in many Respects with considerable practical Convenience. One of the most important Questions, with Relation to the Doctrine of Uses, is upon the Effect of a Limitation to such Uses as a Party shall appoint, and in Default of Appointment; and in the mean Time until Appointment to himself and his Heirs, with Respect to the Claim of Dower against the Appointee under the Power. The great Weight of professional and judicial Opinion, is certainly in Favour of the Validity of the Appointment, as opposed to the Claim of Dower ;-the Discussion on this Point by Lord Eldon, in the Case of Maundrell v. Maundrell, 10 Ves. 246, would seem to preclude all reasonable Hesitation upon the Question; but from a Deference to other Opinions which had been incidentally thrown out to the contrary, his Lordship concluded with treating it as a Question still open to Enquiry; and this Mode of Conveyancing, which was formerly very general, has, from the |