XXI. Memorials of wills registered within six months after death of testator in England, and within three years after death of testator abroad, valid. XXII. Proviso for devisee dis abled from registering if he register within six months after disability removed. XXIII. Register or deputy not capable of serving in Parliament. XXIV. Public Act. Rot. Parl. 2 & 3 Ann. p. 3. n. 7. Recital of Stat. 26 H. VIII. c. 3. § 18. PROVIDED alwaies and it is hereby enacted that all memorialls of wills that shall be registred in manner as aforesaid within the space of six months after the death of every respective devisor or testatrix dying within the kingdom of England dominion of Wales and town of Berwick upon Tweed or within the space of three years after the death of every respective devisor or testatrix dying upon or in any parts beyond the seas shall be as valid and effectuall against subsequent purchasors as if the same had been registred imediatly after the death of such respective devisor or testatrix any thing herein conteined to the contrary thereof in any wise notwithstanding (1) PROVIDED alwaies that in case the devisee or person or persons interested in the honors manors lands tenements or hereditaments devised by any such will as aforesaid by reason of the contesting such will or other inevitable difficulty without his her or their wilfull neglect or default shall be disabled to exhibit a memorial for the registry thereof [with 2] the respective times herein before limitted then and in such case the registry of the memoriall within the space of six months next after his her or their attainment of such will or a probate thereof or removall of the impediment whereby he she or they are disabled or hindred to exhibit such memoriall shall be a sufficient registry within the meaning of this Act any thing herein conteined to the contrary thereof in any wise notwithstanding (1) AND be it further enacted by the authority aforesaid that no member of Parliamt for the time being shall be capable of being chosen register or of executing by himselfe or any other person the said office or have take or receive any fee or other profitt whatsoever for or in respect thereof nor shall any register or his deputy for the time being be capable of being chosen a member to serve in Parliament AND be it further enacted that this Act shall be taken and allowed in all courts within this kingdome as a publick Act and all judges and justices are hereby required as such to take notice thereof without speciall pleading the same CHAPTER XX. (3) AN ACT for the makeing more effectuall Her Majesties Gracious Intencons for the Augmentacon of the Maintenance of the Poor Clergy by enabling Her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths and also for enabling any other Persons to make Grants for the same Purpose. WHEREAS HEREAS at a Parliament holden in the six and twentieth yeare of the reign of King Henry the Eighth the first fruits revenues and proffitts for one yeare upon every nominacon or appointment to any dignity benefice office or promotion spirituall within this realme or elsewhere within the said Kings dominions and alsoe a perpetuall yearly rent or pension amounting to the value of the tenth part of all the revenues and profitts belonging to any dignity benefice or promotion spirituall whatsoever within any diocesse of this realme or in Wales were granted to the said King Henry the Eighth his 1 annexed to the original Act in a separate schedule. 2" within" O. & King's printers copy. 3 This is chapter XI. in the common printed editions. heires and successors and divers other statutes have since beene made touching the first fruits and annuall tenths of the clergy and the ordering thereof And whereas a sufficient settled provision for the clergy in many parts of this Reasons for passing this realme have never yett been made by reason whereof divers mean and enactment. [stipenday1] preachers are in many places entertained to serve the cures and officiate there whoe depending for (2) necessary maintenance upon the good will and likeing of their hearers have beene and are thereby under temptacon of too much complying and suiting their doctrines and teaching to the humours rather then the good of their hearers which hath beene a great occasion of faction and schism and contempt of the ministry And forasmuch as your Majesty takeing into your princely and serious consideraĉon the mean and insufficient maintenance belonging to the clergy in divers parts of this your kingdome has been most graciously pleased out of your most religious and tender concerne for the Church of England (whereof your Majesty is the onely supreame head on earth) and for the poor clergy thereof not onely to remitt the arrears of your tenths due from your poor clergy but alsoe to declare unto your most dutifull and loyall cōmons your royall pleasure and pious desire that the whole revenue ariseing from the first fruits and tenths of the clergy might be settled for a perpetuall augmentacon of the maintenance of the said clergy in places where the same is not already sufficiently provided for Wee your Majesties most dutifull and loyall subjects the cōmons of England in Parliament assembled to the end that your Majesties most gratious intencons may be made effectuall and that the Church may receive soe great and lasting an advantage from your Majesties parting with soe great a branch of your revenue towards the better provision for the clergy not sufficiently provided for and to the intent your Majesties singular zeal for the support of the clergy and the honour interest and future security of the Church as by law established may be perpetuated to all ages doe most humbly beseech your Majestie that it may be enacted and be it enacted by the Queens most excellent Majestie by and with the advice and consent of the lords spirituall and temporall and cōmons in this present Parliament assembled and by [the 3] authority of the same that it shall and may be lawful for the Queens most excellent Majestie by her letters patents under the great seal of England to incorporate such persons as her Majesty shall therein nominate or appoint to be one body politick and corporate to have a cōmon seal and perpetuall succession And alsoe at her Majesties will and pleasure by the same or any other letter patents to grant limitt or settle to or vpon the said corporacon and their successors for ever all the revenue of first fruits [and] yearly perpetuall tenths of all dignities offices benefices and promotions spirituall whatsoever to be applyed and disposed of to and for the augmentacon of the maintenance of such parsons vicars curates and ministers officiateing in any church or chapell within the kingdome of England dominion of Wales and towne of Berwick upon Tweed where the liturgy and rites of the Church of England as now by law established are or shall be used [or] observed with such lawfull powers authorities direcĉons limittacons stipendary O. 4 interlined on the roll. 2 their O. 3 0. omits. 5 and 0. The Queen by under the great seal may erect letters patent a corporation and grant thereto. The revenue of first fruits and tenths to be applied for the augmentation of maintenance of poor par sons, &c. Stat. 1 Ann. c. 1. II. Former statutes relating to the payment, &c. of first fruits and tenths in force. III. Proviso for former grants, &c. upon the said revenues. IV. any interest in lands, &c. may by deed inrolled under Stat. 27H.VIII. c. 16. or by will grant such estate, &c. to such corporation in manner herein mentioned. and appointments and under such rules and restriccons and in such manner and forme as shall be therein expressed the Statute made in the first year of her said Majesties reign intituled An Act for the better support of her Majesties household and of the honour and dignity of the crowne or any other law to the contrary in any wise notwithstanding PROVIDED allwayes and it is hereby declared that all and every the statutes and provisions touching [and1] concerning the ordering levying and true answering and payment or qualificacon of the said first fruits and tenths or touching the charge discharge or alteracon of them or any of them or any matter or thing relateing therevnto which were in force at the time of makeing this Act shall be remaine and continue in their full force and effect and be observed and put in due execucon according to the tenors and purports of the same and every of them for such intents and purposes neverthelesse as shall be contained or directed in or by the said letters patents PROVIDED alsoe that this Act or any thing therein contained shall not extend to avoid or any way [to 2] impeah or affect any grant exchange alienacon or incumbrance at any time heretofore made of or upon the said revenues of first fruites and tenths or any part thereof but that the same shall during the continuance of such grant exchange alienacon or incumbrance respectively be and remaine of and in such force and virtue and noe other to all intents and purposes as if this Act had not been made. AND for the encouragemt of such well disposed persons as shall by her Persons having Majesties royall example be moved to contribute to soe pious and charitable a purpose and that such their charity may be rightly applied be it enacted by the authority aforesaid that all and every person and persons haveing in his or their owne right any estate or interest in possession revercon or contingency of or in any lands tenements or hereditaments or any property of or in any goods or chattells shall have full power licence & authority at his her and their will and pleasure by deed inrolled in such manner and within such time as is directed by the Statute made in the twenty seventh yeare of the reign of King Henry the Eighth for inrollment of bargaines and sales or by his her or their last will or testament in writeing duely executed according to law to give and grant to and vest in the said corporacon and their successors all such his her or their estate interest or property in such lands tenements and hereditaments goods and chattells or any part or parts thereof for and towards the augmentacon of the maintenance of such ministers as aforesaid officiateing in such church or chappell where the litturgy and rites of the said Church are or shall be soe used or observed as aforesaid and haveing noe settled competent provision belonging to the same and to be for that purpose applied according to the will of the said benefactor in and by such deed inrolled or by such will or testament executed as aforesaid expressed and in default of such direcõõn limitta on or appointment in such manner as by her Majesties letters patents shall be directed or appointed as aforesaid V. Corporation may purchase, &c. lands, &c. AND such corporacon and their successors shall have full capacity & ability to purchase receive take hold and enjoy for the purposes aforesaid aswell from such persons as shall be soe charitably disposed to give the same as from all other persons as shall be willing to sell or alien to the said corporacón any mannors lands tenements goods or chattells without any licence or writt of ad quod damnum the statute of mortmain or any other statute or law to the contrary notwithstanding PROVIDED allwayes that this Act or any thing therein contained shall not extend to enable any person or persons being within age or of non sane memory or women covert without their husbands to make any such gift grant or alienacon any thing in this Act contained to the contrary in any wise notwithstanding AND whereas four bonds for four halfe yearly payments of the first fruits as the same are rated and alsoe a fifth bond for a further value or payment in respect of the same first fruits have been required and taken from the clergy to their great and vnnecessary burden and greivance For remedy thereof be it enacted and declared by the authority aforesaid that from and after the twenty fifth day of March in the yeare of our Lord one thousand seven hundred & four one bond onely shall in such case be given or required for the four payments of the said first fruits which said first fruits aswell as the tenths payable by the clergy shall hereafter be answered and paid by them according to such rates & proporcons onely as the same have heretofore been usually rated and paid and noe such fifth bond already given shall from and after the said twenty fifth day of March in the yeare one thousand seven hundred and four be sued or recovered. 3 & 4 ANNE.. A.D. 1704. STATUTES MADE IN THE PARLIAMENT, BEGUN AT WESTMINSTER, ON THE TWENTIETH DAY OF AUGUST, AND BY SEVERAL PROROGATIONS AND ADJOURNMENTS Er Rotulo Parliamenti de Annis Annae Reginae Tertio et Quarto. CHAPTER VIII. (1) AN ACT for giving like Remedy upon Promissory Notes as is now used upon Rot. Parl. Bills of Exchange and for the better Payment of Inland Bills of Exchange. 3 & 4 Ann. p. 3. n. 3. WHEREAS it hath been held that notes in writing signed by the party Reasons for who makes the same whereby such party promises to pay unto any other person or his order any sum of money therein mentioned are not assignable or indorsible over within the custom of merchants to any other person and that such person to whom the sum of money mentioned in such note is payable cannot maintain an action by the custom of merchants against the person who first made and signed the same and that any person to whom such 1 This is chapter LX. in the common printed editions. passing this Act. Promissory notes to be signed, note should be assigned indorsed or made payable could not within the said custom of merchants maintain any action upon such note against the person who first drew [and signed'] the same Therefore to the intent to encourage trade and comerce which will be much advanced if such notes shall have the same effect as inland bills of exchange and shall be negotiated in like manner be it enacted by the Queens most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled and by the authority of the same that all notes in writing that after the first day of May in the year of our Lord one thousand seven hundred and five shall be made and signed by any person or persons body politick or corporate or by the servant or agent of any corporation banker goldsmith merchant or trader who is usually intrusted by him her or them to sign such promissory notes for him her or them whereby such person or persons body politick or corporate his her or their servant or agent as aforesaid doth or shall promise to pay to any other person or persons body politick and corporate his her or their order or unto bearer any sum of money mentioned in such note shall be taken and construed to be by vertue thereof due and payable to any such person or persons body politick and corporate to whom the same is made payable and also every such note payable to any person or persons body politick and corporate his her or their order shall be and indorsible. assignable or indorsible over in the same manner as inland bills of exchange are or may be according to the custom of merchants II. Payee may maintain action. III. The like provision as to indorsee. Damages and costs in such actions. IV. Limitation of actions. AND that the person or persons body politic and corporate to whom such sum of money is or shall be by such note made payable shall and may maintain an action for the same in such manner as he she or they might do upon any inland bill of exchange made or drawn according to the custom of merchants against the person or persons body politick and corporate who or whose servant or agent as aforesaid signed the same 1 AND that any person or persons body politick and corporate to whom such note that is payable to any person or persons body politick and corporate his her or their order is indorsed or assigned or the money therein mentioned ordered to be paid by indorsment thereon shall and may maintain his her or their action for such sum of money either against the person or persons body politick and corporate who or whose servant or agent as aforesaid signed such note or against any of the persons that indorsed the same in like manner as in cases of inland bills of exchange and in every such action the plaintiff or plaintiffs shall recover his her or their damages & costs of suit And if such plaintiff or plaintiffs shall be nonsuited or a verdict be given against him her or them the defendant or defendants shall recover his her or their costs against the plaintiff or plaintiffs and every such plaintiff or plaintiffs defendant or defendants respectively recovering may sue out execution for such damages and costs by capias fieri facias or elegit AND be it further enacted by the authority aforesaid that all and every such actions [shall be commenced 1] sued and brought within such time as is appointed for commencing or suing actions upon the case by the Statute made in the one and twentieth year of the reign of King James the First intituled An Act for limitation of actions and for avoiding of suits in law 1 interlined on the roll. |