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476 32 H. 8, CAP. 37, DISTRESS BY EXECUTORS. persons unto whom such Rent or Fee-farm is or shall be due, and not paid at the time of his Death, as is aforesaid, to dis- train for the Arrearages of all such Bents and Fee-farms, upon the Lands, Tenements, and other Hereditaments, which were charged with the Payment of such Bents or Fee-farms, and chargeable to the Distress of the said Testator, (6) so long as the said Lands, Tenements, or Hereditaments continue, re- 357 main,* and be in the Seisin or Possession of the said Ten- ant in Demesn, who ought immediately to have paid the said Rent or Fee-farm, so being behind, to the said Testator in his Life, (7) or in the Seisin or Possession of any other person or persons claiming the said Lands, Tenements, and Heredita- ments, only by and from the same Tenant by Purchase, Gift, or Descent, (8, 1 in like manner and form as their said Testator might or ought to have done in his life time, and the said Execu- tors and Administrators shall, for the same Distress lawfully make Avowry upon their matter aforesaid. II. Provided alway, That this Act nor any thing therein contained, shall not extend to any such Manor, Lordship, or Dominion in Wales, or in the Marches of the same, whereof the Inhabitants have used, time out of the mind of Man, to pay unto every Lord, or Owner of such Lordship, Manor, or Dominion, at his or their first entry into the same, any Sum or Sums of Money, for the Redemption and Discharge of all Duties, Forfeitures, and Penalties, wherewith the said Inhabitants were chargeable to any of their said Lords Ancestors or Pre- decessors before his said Entry. III. And further be it enacted by the Authority aforesaid, That if any roan which now hath, or hereafter shall have in the right of his Wife, any Estate in Fee-simple, Fee-tail or for term of Life, of or in any Rents or Fee-farms and the same Rents or Fee-farms now be, or hereafter shall be due, behind, and unpaid in the said Wife's Life; then the said Husband, after the Death of his said Wife, his Executors, and Adminis- trators, shall have an Action of Debt for the said Arrearages against the Tenant of the Demesn that ought to have paid the same, his Executors or Administrators; (2) and also the said Husband, after the Death of his said Wife, may distrain for the said Arrearages, in like manner and form, as he might have done if his said Wife had been then living, and make Avowry upon his matter, as is aforesaid. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
| Volume 194, Page 476 View pdf image (33K) |
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