Page:Ruffhead - The Statutes at Large - vol 3.djvu/435

A.D. 1676. Anno vicefimo nono Caroli U, C. 4, 5. 387 ' the Occafion of much Perjury ;' (2) Be it enacfteJ by the Authority aforc-faitl, That from and after llie l'uiicu[iaiive aforefaid four and twentieth Day of June no Nuncupative Will ih;'.ll be good, where the Eflatc thereby I e- ^^'=- tjucathed fhall exceed the Vahie of thirty Pounds, that is not proved by the Oaths of three Witncfies (at thcleaft) that were prefent at the Making thereof; (3) nor unlefs it be proved that the Teftator at the ITxpIained ty Time of pronouncing the fame, did bid the Perfons prefent, or fomc of them, bear Witneft, that fuch was * ^""- '^- '^' < his Will, or to that Eh'cct; (4) nor unlefs fuch Nuncupative Will were made in the Time of the laft ^' • Sicknefs of the Deceafed, and in the Houfc of his or her H.diitation or Dwelling, or where he or fnc hatii been Refident for the Space of^ten Days or more next before the making of fuch Will, except where fuch Perfon was furprized or taken fick, being from his own Home, and died before he returned to the Place of his or her Dwelling. XX. And be it further enabled, That after fix Monihs pafll-d after the fpeaking of the pretended Tc- ftamentary Words, no Teftimony (hall be received to prove any Will Nuncupative, except the faid Tefti- tnony, or the Subffance thereof, were committed to Writing within fix Days after the making of the faid XVil!.^ XXI. And be it further enafted, That no Letters Tellamentary or Probate of any Nuncupative Will Prr,l.ates cf fliall pafs the Seal cf any Court, till fourteen Days at the lead after the Deccafe of the Teftator be fully ex- Nuncupative pired;_ (2) nor fhall any Nuncupative Will be at any Time received to be proved, uniefs Procefs have ^^'"'• firft iflued to call in the Widow, or next of Kindred to the Deceafed, to the End they may contefl the fame, if they pleafe. XXII. And be it further enafted, That no Will in Writing concerning any Goods or Chattels, or Raymond 334., Perfonal Eftate, fhall be repealed, nor fhall any Claufe, Devife orBequeft therein, be altered or changed by any Words, or 'Will by Word of Mouth only, except the fame be in the Life of the Teftator committid to Writing, and after the Writing thereof read unto the Teflator, and allowed by him, and proved to be fo done by three Witnefles at the Icafi. XXIII. Provided always. That notwithftanding this Aft, any Soldier being in aftual Military Service, SoUJers and or any Mariner or Seaman being at Sea, may difpofe of his Moveables, Wages and Perfonal Eftate, as he Mariners Wills or they might have done before the making of this Aft. excepte . ■ XXIV. And it is hereby declared, That nothing in this Aft fliall extend to alter or change the Jurifdic- The Juiifd'clioa tion or Right of Probate of Wills concerning Perfonal Eilates, but that the Prerogative Court of the Arch- of Courts faved. biftiop of Canterbury, and other Ecclefiaftical Courts, and other Courts having RiL;ht to the Probate of fuch Wills, {hall retain the fame Right and Power as they had before, in every refpeft; fubjeft neverthelefs to the Rules and Dircftions of this Aft. XXV. And for the explaining one Aft of this prefent Parliament, intituled, yfn A£l for the better fettling 22 & 13 Car 2. of Intcftates EJlates; (2) Be it declared by the Authority aforefaid. That neither the faid Aft, nor any "^^ lo- Thing therein contained, fhall be conftrued to extend to the Eftates of Feme Coverts that fnall die Inteflate, Hu.lands not but that their E[ufbands may demand and have Adminiflration of their Rights, Credits, and other Perfonal n!Ji-'^e^i3lf,,%'u. Eflates, and recover and enjoy the fame, as they might have done before the making of the faid Aft. tion of ihe Per- . [Made perpetual by i Jac. 2. c. 17. §. ;.] , fona! Eflates of TAP TV their Wives. '^^ i^- i- ■ i-y ' I Med. 231. An Aft for ereftinga Judicature to determine Differences touching Houfes burnt and dcmoliflied by the late dreadful Fire in Southwark. Who fliall be Commifiioners. Their Power and Manner of Proceeding. Their Decrees fliall be binding and conclufive. Their Summons of Parties and WitnefTes how to be granted. And how to be ferved. Upon Default they m.ay proceed to determine the Controverfy. If the Perfons caniiot be found to be fummoned, no Proceedings fliall be thereon tiil after fix Months. Tofts of fuch as will not begin to build vv-ithin two Years, is'c. may be difpofed of to fuch as will build. And Satisfaftion awarded to the Proprietors. Or afTefled by a Jury where the Parties will not or cannot ac- , cept the fame. Decrees made by fewer than feven, and excepted to within thirty Days, may be reveri'ed or altered by any feven or more, (Jc. Such Appeals to be finifhed within fix Months. Such Orders and Decrees fnall be efieftual, and conclude all Perfons. And not reverfed by V/rit of Error or Certiorari, , Such Judgments and Decrees how to be entred. The Books to be kept by the Town-Clerk of London. The Pov/ers given by this Aft to continue for three Years. An Oath to be taken by the Judges of the- Coiiit. Encroachments and Purprefluves upon the High Street, how to be regulated. A Provifo for Stall-boards notv-'ithflanding. Differences concerning Party-walls and other Walls, and Lights, Paf-- fages, i^c. how to be mediated. The Court fliall order what Fees their Officers fhall take. Affidavits of ferving Procefs hov/ to be taken. The Penalty of committing Perjury in the fame. Decrees may be figned by the Survivors of thofe that made them. Leafes and Agreements fince the Fire {hall be of Force, and may be corroborated by Decree of the Court. Perfons intereftcd fliall not have Votes. Damages may be recovered at Law for Non-performance of any Decree, or a Bill in Equity maintained for a Per- , formance in fpeeie. Perfons not abating Annoyances may be indifted. An Aftion at Law given forp^lo- iiey decreed, the Decree may be given in Evidence. Perfons profecutcd may plead the General Ilfue, bic. Southwark Market fhall be kept where it anciently has been. C A P. V. ' An A(5lfor taking Affidavits in the Country, to be made Ufe of in the Courts of King's Eencii, Common Picas and Exchequer. 7 OR the greater Eafe, and Benefit of all Perfons whatfoever in the taking of Affidavits to be made Vk _J of and re;d in his Majefiy's Courts of King's Bench, Common Pleas and Exchequer at JVeJlmiiijLr, ' as weil in Mat.ers and Things relating to his Majeffy, and his Revenue, as in all other Matters and Caufes - ,' D d d 2 ' whatfo-