| Volume 194, Page 781 View pdf image (33K) |
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3 W. & M. CAP. 14, FRAUDULENT DEVISES. 781 of the pound, Smith v. Wright, 6 Huri. & N. 821. Under section 5, (which extends only to cases where the distress is sold, Lockier v. Paterson, 1 Car. & K. 271, otherwise an ordinary action of trespass must be brought,) the jury must give as damages double the amount of the value of the goods, Masters v. Farris, 1 C. B. 715. As to "trespass" or "upon the case," see Stat. 11 Geeo. 2, c. 19, s. 19; Winterbourne v. Morgan supra; Smith v. Goodwin, 2 Nev. & M. 114. STATUTES 573 Made at WESTMINSTER, Anno Regni GULIELMI & MARIAE tertio and A. D. 1691. CAP. XIV. An Act for the relief of Creditors against fraudulent Devises. Whereas it is not reasonable or just, that by the Practice or Contrivance of any Debtors their Creditors should be defrauded of their just Debts; and nevertheless it hath often so happened, that where several Persons having by Bonds or other Special- ties bound themselves and their Heirs, and have afterwards died seized in Fee-simple 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 up- right dealing, 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 seized in Fee-simple in Possession, Reversion, or Remainder, or Lave power to dis- pose of the same by his, her, or their Last Wills or Testa- |
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| Volume 194, Page 781 View pdf image (33K) |
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