31st GEO. III. Аст. Devises void against Creditors. Creditor for Debt on Bond may sue Heir and Devisee of Obligor jointly. Devisee liable, for false Plea, as Heir. Devise for raising Por tions, pursuant to Marriage Contract, good. Heir aliening before Action ble to Value of Land sold: No. 475. A.D. 1791. of and in Manors, Messuages, Lands, Tenements, and Hereditaments, or had Power or Authority to dispose of or charge the same by their Wills or Testaments, have, to the Defrauding of such their Creditors, by their last Wills or Testaments devised the same, or disposed thereof in such manner as such Creditors have lost their said Debts: For remedying of which, and for the Maintenance of just and upright Dealings, II. Be it enacted and declared by the King's and Queen's Most Excellent Majesties, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Authority of the same, That all Wills and Testaments, Limitations, Dispositions, or Appointments, of or concerning any Manors, Messuages, Lands, Tenements, or Hereditaments, or of any Rent, Profit, Term, or Charge out of the same, whereof any Person or Persons at the Time of his, her, or their Decease, shall be seised in Fee Simple, in Possession, Reversion, or Remainder, or have Power to dispose of the same, by his, her, or their last Wills and Testaments, to be made after the five and twentieth day of March, in the Year of our Lord God one thousand six hundred ninety and two, shall be deemed and taken (only as against such Creditor or Creditors as aforesaid, his, her, and their Heirs, Successors, Executors, Administrators, and Assigns, and every of them) to be fraudulent, and clearly, absolutely, and utterly void, frustrate, and of none Effect; any Pretence, Colour, feigned or presumed Consideration, or any other Matter or Thing to the contrary notwithstanding. III. And for the Means that such Creditors may be enabled to recover their said Debts; be it further enacted by the Authority aforesaid, That in the Cases before mentioned, every such Creditor shall and may have and maintain his, her, and their Action and Actions of Debt, upon his, her, and their said Bonds and Specialties, against the Heir and Heirs at Law of such Obligor or Obligors, and such Devisee and Devisees, jointly by virtue of this Act; and such Devisee or Devisees shall be liable and chargeable, for a false Plea by him or them pleaded, in the same manner as any Heir should have been, for any false Plea by him pleaded, or for not confessing the Lands or Tenements to him descended. IV. Provided always, and be it enacted by the Authority aforesaid, That where there hath been or shall be any Limitation or Appointment, Devise or Disposition, of or concerning any Manors, Messuages, Lands, Tenements, or Hereditaments, for the Raising or Payment of any real and just Debt or Debts, or any Portion or Portions, Sum or Suins of Money, for any Child or Children of any Person, other than the Heir at Law, according to or in pursuance of any Marriage Contract or Agreement in Writing bona fide made before such Marriage, the same and every of them shall be in full force; and the same Manors, Messuages, Lands, Tenements, and Hereditaments, shall and may be holden and enjoyed by every such Person or Persons, his, her, and their Heirs, Executors, Administrators, and Assigns, for whom the said Limitation, Appointment, Devise, or Disposition was made, and by his, her, and their Trustee or Trustees, his, her, and their Heirs, Executors, Administrators, and Assigns, for such Estate or Interest as shall be so limited or appointed, devised or disposed, until such Debt or Debts, Portion or Portions, shall be raised, paid, and satisfied; any Thing in this Act contained to the contrary notwithstanding. V. And whereas several Persons, being Heirs at Law, to avoid the Payment of such just Debts, as in regard of the Lands, Tenements, and Hereditaments descending to them they have by Law been liable to pay, have sold, aliened, or made over such Lands, Tenements, and Hereditaments, before any Process was or could be issued out against them; be it further enacted by the Authority aforesaid, That in all Cases where any Heir at Law shall be liable to pay the Debt of his Ancestor in regard of any Lands, Tenements, or Hereditaments descending to him, and shall sell, alien, or make over the same, before any Action brought, or Process sued out against him, that such Heir, at Law shall be answerable, for such Debt or Debts, in an Action or Actions of Debt, to 31st GEO. III. No. 475. A.D. 1791. to the Value of the said Land, so by him sold, aliened, or made over; in which Cases all Creditors shall be preferred as in Actions against Executors and Administrators; and such Executors shall be taken out upon any Judgment or Judgments so obtained against such Heir, to the Value of the said Land, as if the same were his own proper Debt or Debts; saving that the Lands, Tenements, and Hereditaments bonâ fide aliened before the Action brought, shall not be liable to such Execution. and Creditors to be preferred against Executors: save that Lands, bona fide aliened before Action, not liable. as in Actions On Plea of Riens per Descent, Jury to enquire of Value of Land: VI. Provided always, and be it further enacted by the Authority aforesaid, That where any Action of Debt upon any Specialty is brought against any Heir, he may plead Riens per Descent at the Time of the original Writ brought, or the Bill filed against him, any thing herein contained to the contrary notwithstanding: and the Plaintiff in such Action may reply, that he had Lands, Tenements, and Hereditaments, from his Ancestor, before the original Writ brought, or Bill filed; and if, upon Issue joined thereupon, it be found for the Plaintiff, the Jury shall enquire of the Value of the Lands, Tenements, or Hereditaments so descended, and thereupon Judgment shall be given, and Execution shall be awarded as aforesaid; but if Judgment On Judgment be given against such Heir by Confession of the Action, without confessing the Assets by Confesdescended, or upon Demurrer, or Nihil dicit, it shall be for the Debt and Damages, without any Writ to enquire of the Lands, Tenements, or Hereditaments so de scended. sion; to enquire for Debt and Damages. Devisee chargeable as Act. VII. Provided also, and be further enacted, That all and every Devisee and Devisees, made liable by this Act, shall be liable and chargeable in the same manner as the Heir at Law by force of this Act, notwithstanding the Lands, Tenements, and Hereditaments, Heir under to him or them devised, shall be aliened before the Action brought. Provided always, that this Act shall be in force for three Years, and to the End of the next Session of Parliament after the Expiration of the said three Years and no longer. [Made perpetual by 6. & 7. W. 3. Cap. 14.] II. Referred to by former Part of S. 102. 29. CAR. II. CAP. 3. S. 10. 11. X. AND be it further enacted by the Authority aforesaid, That, from and after the Lands, &c. said four and twentieth day of June, it shall and may be lawful for every Sheriff or other Officer to whom any Writ or Precept is or shall be directed, at the Suit 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 suing, of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, as any other Person or Persons be, in any manner of wise, seised or possessed, or hereafter shall be seised 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 seised, of such Lands, Tenements, Rectories, Tithes, Rents, or other Hereditaments, of such Estate as they be seised of in Trust for him at the Time of the said Execution sued: which Lands, Tenements, Rectories, Tithes, Rents, and other Hereditaments, by force and virtue of such Execution, shall accordingly be held and enjoyed, freed and discharged of all Incumbrances of such Person or Persons as shall be so seised or possessed in Trust for the Person against whom such Execution shall be sued; and if any Cestuy que Trust hereafter shall die, leaving a Trust in Fee Simple to descend to his Heir,there, and in R 2 every liable to Judg- and to be delivered in Execution to Party suing. To be held free from In cumbrances of Person seised in Trust. No Heir by reason there chargeable Nis. 475, 476. 31st GEO. III. XI. Provided always, That no Heir that shall become chargeable, by reason of any Estate or Trust made Assets in his Hands by this Law, shall, by reason of any kind of Plea or Confession of the Action, or suffering Judgment by Nient dedire, or any other Matter, be chargeable to pay the Condemnation out of his own Estate; but Execution shall be sued of the whole Estate so made Assets in his Hands by Descent, in whose Hands soever it shall come after the Writ purchased, in the same Manner as it is to be at and by the Common Law, where, the Heir at Law pleading a true Plea, Judgment for Modifica is prayed against him thereupon; any Thing in this present Act contained to the contrary notwithstanding. but sce No. 475, S. 102, tion see also Arti cle I. S. 5. in this Appendir. III. Referred to by latter Part of S. 102. 29. CAR. II. CAP. 3. S. 12. XII. AND for the Amendment of the Law in the Particulars following; be it further enacted by the Authority aforesaid, That, from henceforth, any Estate pur auter vie 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; and if no such Devise thereof be made, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of a special Occupancy, or Assets by Descent, as in Case of Lands in Fee Simple; 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. No. 476. An Act for reviving, enforcing, and continuing an Act, EXPIRED. See Act of 14th May, 1784, (No. 422.) intituled, An Act to repeal the eighteenth and twenty-second Clauses of an Act, intituled, An Act for encouraging the Importation of White Servants to this Island, dated the eleventh Day of July, one thousand seven hundred and sixteen; and, Part of the eighth Clause of another Act, intituled, An Act for increasing the Number of White Inhabitants of this Island, dated the eleventh Day of February, one thousand seven hundred 31st GEO. III. Nis. 476, 477. A. D. 1791. hundred and forty; and for explaining and amend- Dated 23d June, 1791. An Act to alter and amend an Act, intituled, An Act for No. 477. granting an Aid of Negro Labour to His Majesty, for the Purpose of erecting Works and Fortifica- Dated 23d June, 1791. OBSOLETE. An 31st GEO. III. No. 478. A. D. 1791. No. 478. An Act for repealing an Act, intituled, An Act for declaring the Oath of a Constable, made and passed the fifth Day of November, one thousand seven hundred and one; and for prescribing the Form of the Oath hereafter to be taken by Constables, and for enabling two Justices, out of Sessions, to appoint Constables in certain Cases. PREAMBLE. Act. No. 125, repealed. CONSTA- On Death or Removal of Justices may appoint his Successor; who HEREAS, since the Passing of the said Act, many beneficial Laws have been enacted by the Legislature for the Government of the People of this Colony, and particularly An Act for the establishing and regulating a nightly Watch in the Town of St. John; which Act rendering the Form of the Oath, prescribed in the said first-mentioned Act, improper to be taken by Constables; we, therefore, Your Majesty's most dutiful and loyal Subjects, the Commander in Chief of Your Majesty's Leeward Caribbee Islands in America, and the Council and Assembly of this Your Majesty's Island, Antigua, humbly pray Your Most Excellent Majesty, that it may be enacted and ordained; and it is hereby enacted and ordained by the Authority aforesaid, That the said Act declaring the Oath of a Constable shall be repealed and made void; and the same is hereby repealed and made void. II. And be it enacted and ordained by the Authority aforesaid, That the Oath hereafter to be taken by Constables shall be in the Words following: YOU do swear that you will execute the Office of a Constable, for the Town or Division to which you are appointed, until another shall be sworn in your room, or until you shall be legally discharged therefrom. SO HELP YOU GOD. III. Whereas it frequently happens, that Persons after being appointed, by the Sessions, Constables for the respective Divisions in this Island, die or remove from the Divisions to which they are appointed, whereby Inconveniencies arise; be it therefore enacted by the Authority aforesaid, That in case any Constable shall die, or become resident in any other Division than that to which he is or shall be appointed, it shall and may be lawful for any two Justices of the Peace for the said Island, by Writing under their Hands and Seals |