| Volume 194, Page 787 View pdf image (33K) |
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4 & S W. & M. CAP. 16, CLANDESTINE MORTGAGES. 787 STATUTES Made at WESTMINSTER, Anno Regni GULIELMI & MARIAE quarto <& quinto; and A. D. 1692. CAP. XVI. An Act to prevent Frauds by clandestine Mortgages, Whereas great Frauds and Deceits are too often practised by necessitous and evil disposed Persons in borrowing of Money, and giving Judgment, Statutes, and Recognizances privately, for securing the repayment of the said Money, and the same Persons do afterwards borrow Money upon Security of their Lands of other Persons, and do not acquaint the latter lender thereof with the same, whereby such late Lender is very often in danger to lose his whole Money, or forced to pay off the Debts secured by the said Judgments, Statutes, and Recognizance, before they can have any Benefit of the said Mortgages: And whereas divers Persons do many times mortgage their Lands more than once, -without giving Notice of their first Mortgage, whereby Lenders of Money upon Second or after Mortgages do often lose their Money, and are put to great Charges in Suits and otherwise: For remedy whereof, and preventing the same as much as may be for the future, II. Be it enacted by the King's and Queen's most Excel- lent Majesties, by and with the advice and consent of the * Lords Spiritual and Temporal, and the Commons in this 578 present Parliament assembled, and by the Authority of the same, That if any Person or Persons, from and after the First day of May which shall be in the year of our Lord One thousand six hundred ninety and three, shall borrow any Money, or for any other valuable Consideration, for the payment thereof, voluntarily give, acknowledge, permit, or suffer to be entred, against him or them, one or more Judgment or Judgments, Statute or Statutes, Recognizance or Recognizances, to any Person or Persons, Creditor or Creditors; and if the said Bor- rower or Borrowers, Debtor or Debtors, shall afterwards take up or borrow any other Sum or Sums of Money of any other (51) |
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| Volume 194, Page 787 View pdf image (33K) |
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