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An Act against covenous and fraudulent conveyances.{1} BFORASMUCH as not onely
the Kings most excellent Majesty, but also divers of his Highnesse good and
loving subjects, and bodies politique and corporate, after conveyances
obtained, or to be obtained, and purchases made, or to be made of lands,
tenements, leases, estates and hereditaments, for money or other good
considerations, may have, incurre, and receive great loss and prejudice, by
reason of fraudulent and covenous conveyances, estates, gifts, grants, charges
and limitations of uses heretofore made or hereafter to be made, of, in, or
out of lands, tenements, or hereditaments so purchased, or to be purchased;
which such said gifts, grants, charges, estates, uses and conveyances were or
hereafter shall be meant and intended by the parties that so make the same, to
be fraudulent and covenous, of purpose and intent to deceive such as have
purchased or shall purchase the same, or else by the secret intent of the
parties, the same be to their owne proper use, and at their free disposition,
coloured neverthelesse by a fained countenance, and shew of words and
sentences, as though the same were made bona fide for good causes, and upon
just and lawfull considerations. For remedy of which inconveniences, and for
the avoyding of such fraudulent, fained, and covenous conveyances, gifts,
grants, charges, uses and estates, and for the maintenance of upright and just
dealing in the purchasing of lands, tenements and hereditaments; >Fraudulent
conveyances, incumbrances, &c. to deceive purchasers, void as against them.
A>[I.] A LL and every conveyance, grant, charge, lease, estate, incumbrance
and limitation of use, or uses, of in or out of any lands, tenements, or other
hereditaments whatsoever had or made any time heretofore sithence the
beginning of the raigne of King James, His Majesty of famous memory, or at any
time hereafter to be had or made, for the intent and purpose to defraud and
deceive such person or persons, bodies politique or corporate, as have
purchased, or shall afterwards purchase in fee simple, fee tayle, for life,
lives or years, the same lands, tenements and hereditaments, or any part or
parcell thereof so formerly conveyed, graunted, leased, charged, incumbred or
limited in use, or to defraud and deceive such as have, or shall purchase any
rent, profit or commodity, in, or out of the same, or any part thereof, shall
be deemed and taken only as against that person or persons, bodies politique
and corporate, his and their heires, successors, executors, administrators and
assignes, and against all and every other person and persons, lawfully having
or clayming, by, from or under them, or any of them, or to their, or any of
their use or uses, which have purchased, or shall hereafter so purchase, for
money or other good consideration, the same lands, tenements, or
hereditaments, or any part or parcell thereof, or any rent, profit, or
commodity, in, or out of the same, to be utterly void, frustrate, and of none
effect; any pretence, colour, fained consideration, or expressing of any use
or uses, to the contrary notwithstanding. >Penalty upon parties and privies,
to fraudulent conveyances, if they avow or justify the same. II. A ND all and
every the parties to such fained, covenous and fraudulent gifts, grants,
leases, charges, or conveyances before expressed, or being privy or knowing of
the same, or any of them, which . . .{2} shall wittingly and willingly put in
ure, avowe, maintaine, justifie or defend the same, or any of them, as true,
simple, and done, had or made, bona fide, or upon good consideration, to the
disturbance or hinderance of the said purchaser or purchasers, lessees or
grauntees, or of, or to the disturbance or hinderance of their heirs,
successors, executors, administrators or assignes, or such as have,| or shall
lawfully claime any thing by, from or under them, or any of them, or to their
or any of their use or uses, shall incurr the penalty or forfeiture of one
year's value of the said lands, tenements and hereditaments, so purchased or
charged, . . .{2} to be received in any of the Kings courts of record, by
action of debt, bill, plaint or information, . . .{3} and also being thereof
lawfully convicted, shall suffer imprisonment for one half year, . . .{3}.
>Conveyances on good consideration and bona fide not made void. A>III. P
ROVIDED also, That this act or any thing therein contained, shall not extend,
or be construed to impeach, defeat, make voide, or frustrate any conveyance,
assignement of lease, assurance, grant, charge, lease, estate, interest or
limitation of use or uses, of, in, to, or out of any lands, tenements, or
hereditaments heretofore at any time had or made, or hereafter to be had or
made, upon or for good consideration, and bona fide, to any person or persons,
bodies politique or corporate; any thing before mentioned to the contrary
hereof notwithstanding. >Conveyance with power of revocation or alteration,
void as against a subsequent bargain and sale, charge, &c. for money or other
good consideration. A>IV. A ND if any person or persons have heretofore,
sithence the beginning of the raign of our late most gracious soveraigne lord
King James of ever blessed memory, made, or hereafter shall make any
conveyance, gift, grant, demise, charge, limitation of use or uses, or
assurance of, in, or out of any lands, tenements, or hereditaments, with any
clause, provision, article, or condition of revocation, determination or
alteration, at his or their will or pleasure, of such conveyance, assurance,
grants, limitations of uses or estates, of, in or out of the said lands,
tenements, or hereditaments, or of, in, or out of any part or parcell of them
contained or mentioned in any writing, deed, or indenture of such assurance,
conveyance, grant or gift; and after such conveyance, grant, gift, demise,
charge, limitation of uses or assurances so had or made, shall or doe
bargaine, sell, demise, grant, convey, or charge the same lands, tenements, or
hereditaments, or any part or parcell thereof, to any person or persons, body
politicke or corporate, for mony, or other good consideration, paid or given,
the said first conveyance, assurance, gift, grant, demise, charge or
limitation, not by him or them revoked, made voide, or altered according to
the power and authority reserved or expressed unto him or them, in and by the
said secret conveyance, assurance, gift or grant; that then the said former
conveyance, assurance, gift, demise, and grant, as touching the said lands,
tenements, or hereditaments, so after bargained, sold, conveyed, demised, or
charged, against the said bargainees, vendees, lessees, grauntees, and every
of them, their heires, successors, executors, administrators and assigns, and
against all and every person and persons which have, shall, or may lawfully
claime any thing, by, from, or under them, or any of them, or to their or any
of their use or uses, shall be deemed, taken and adjudged to be void,
frustrate and none of effect, by vertue and force of this present act. >But no
lawful mortgage bona fide and on good consideration to be impeached by
this act. A>V. P ROVIDED neverthelesse, that no lawfull mortgage made or to be
made bona fide, and without fraud or covin, upon good consideration, shall be
impeached or impaired by force of this act, but shall stand in like force and
effect as the same should have done, if this act had never been had or made;
any thing in this act contained to the contrary in any wise notwithstanding.
N>> Ss.VI IX rep. by SLR (I) 1878 X. A ND furthermore for the avoyding and
abolishing of fained, covenous and fraudulent feoffments, gifts, grants,
alienations, conveyances, bonds, suites, judgements and executions, as well of
lands, and tenements, as of goods and chattels more commonly used and
practised in
© 1634 Crown Copyright
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