Volume 194, Page 428 View pdf image (33K) |
428 82 H. 8, CAP. 28, LEASES. Lease, or else such Leases to be of no other force ne effect than they were before the making of this present Act. VI, And moreover for certain Consideration be it enacted by Authority aforesaid, That no Fine, Feofifment, or other Act or Acts hereafter to be made, suffered, or done by the Husband only, of any Manors, Lands, Tenements, or Hereditaments, being the Inheritance or Freehold of his Wife, during the Coverture between them, shall in any wise be or make any Discontinuance thereof, or be prejudicial or hurtful to the said Wife, or to her Heirs, or to such as shall have Right, Title, or Interest to the same by the Death of such Wife or Wives; (2) but that the same Wife, or her Heirs, and such other to whom such Right shall appertain after her Decease, shall and may then lawfully enter into all such Manors, Lands, Tenements, and Hereditaments according to their Rights and Titles there- in, any such Fine, Feoffment, or other Act to the contrary not- withstanding; Fines levied by the Husband and Wife (where- unto the said Wife is party and privy) only except. 325* VII. Provided furthermore, That this Clause or Act extend not to give any liberty to any .such Wife, or to her Heirs, for to avoid any Lease hereafter to be made of any Inheritance of the Wife by her Husband and her for term of One and twenty Years, or under, or any her Inheritance for term of three Lives at the uttermost, whereupon as much yearly Rent or more is or shall be reserved, and yearly payable during the same Lease, as was at any time therefore yielden or paid within twenty Years next before tile making of any such Lease, according to the Tenor of this present Act; any tiling therein contained to the contrary notwithstanding. I. Leases made by Tenants in Fee or Fee tail, in the Right of their Wives, which be good, which void. 2 Roll. 169, 332, 403, 407. Savil. 85. Hutton, 84. 1 Leon. 59, 148. 3 Leon. 156. Leases made by Tenant in Tail, or by him which is seised in the Right of his Wife, &c. 1 Lev. 112. Cro. Jac. 173. 8 Co. 34. 10 Co. 60. Bro. accept, f. 9. Dyer, 51, 363. Co. Litt. 44. Hob. 204. II. 34 H. 8, c. 20. Cro. El. 5, 350. Special Observations of Leases to be made by Tenant in Tail, or of the Wife's Land. 1 Sid. 416. Dyer, 115, 246, 271, 279, 304. 5 Co. 2, 5. 2 Roll. 402. 5 Co. 6. Cro. El. 602. Cro. Car. 22, 44. Latch. 257. Bridgm. 29. Moor. 759, pi. 1050. Hob. 324. III. Leases made by Husband and Wife, of the Wife's Land. 3 Leonard, 132. Jones, 60. Hutt. 84. 1 Roll. 159, 163. Latch. 45. IV. 25 H. 8, c. 13. Leases of Perms. |
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Volume 194, Page 428 View pdf image (33K) |
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