Page:Ruffhead - The Statutes at Large - vol 4.djvu/60

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14 C. 15} 1 6, Anno declmo & undecimo Gulielmi III. A. D. i66g, ' Judgments, which neverthelefs are reverfible at any Time, without Reftraint or Limitation, for any ' Error or Defcft which happens therein by the Ignorance or Carelefnefs of Clerks, and fometimes by ' unavoidable Accidents :' For the Remedy whereof, and for the quieting Mens Titles and PofTeffions under antient Fines and Recoveries, and antient Judgments, be it enafted and ordained by the King's mofl Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by Authoi'ity of the fame. That no Fine or Com- mon Recovery, nor any Judgment in any real or perfonal A£lion, fhali from and after the firfi Day of May one thoufand fix hundred ninety-nine, be reverfed or avoided, for any Error or Defedl therein, unlefs the Writ of Error or Suit for the reverfing fuch Fine, Recovery or Judgment, be commenced, or brought and profecuted with Effeft, within twenty Years after fuch Fine levied, or fuch Recovery fuf- fered, or Judgment figned or entred of Record. n. Provided always. That if any Perfon who is or fhall be intituled to any fuch Writ of Error as aforefaid, fliall, at the Time of fuch Title accrued, be within the Age of twenty-one Years, or Covert, Non compos Mentis, imprifoned, or beyond the Seas, That then fuch Perfon, his or her Heirs, Execu- tors or Adminiftrators (notwithftanding the faid twenty Years expired) fhall and may bring his, her or their Writ of Error, for the reverfing any fuch Fine, Recovery or Judgment, as he, ftie or they might have done, in cafe this KSt had not been made, fo as the fame be done within five Years after his or her full Age, Difcoverture, coming of found Mind, Enlargement out of PVifon, or returning from beyond the Seas, or Death, but not afterwards, or otherwife. N'.^ Fine o: Re- covery, ^c. iTiall be reverfed, unlefs Writ of Error be brought in io Years after Fine levied, ^c. Provifoi See ^ Ann, c. l6. nubicb giniei CoJ}s tin quajhing Writ tfZrrsr, 7 & 8 W 3. c. 6. continued for 7 Years. CAP. XV. An Aft for continuing the Aft for the more eafy Recovery of fmall Tithes.

  • "ITT HERE AS an Aft made in the Seventh and Eighth Years of his prefent Majefly's Reign, inti-

' W tuled, Jn A£i for the more eafy Recovery of fmall Tithes, has been by Experience found very ufeful ' and necelTary ; and whereas the faid A(Sl was to continue but three Years, and to the End of the next ' Seffion of Parliament, and is now near expiring ;' Be it therefore enafted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame. That the faid recited Aft, with all the Claufes and Powers therein contained, fhall continue and be in Force for the Space of feven Years, from and after the Expiration thereof as aforefaid, and from thence to the End of the next Seffion of Par- liament, and no longer. *" P'in. V. iS. 403. Eftates limited in Remainder to the lawful Iffue of the Bo- dy of any Perfon j Son or Daughter born after the Deceafeofthe Father, may take fuch Eltate as if born In his Life-time, &c. although there ibe no Limitatioa ra Truftees, &c. Provil'o. CAP. XVI. An Aft to enable pofthumous Children to take Eftates as if born in their Father's Life-time. WHEREAS it often happens, that by Marriage and other Settlements, Eftates are limited in Remainder to the Ufe of the Sons and Daughters, the Iffue of fuch Marriage, with Remainders ' over, without limiting an Eftate to Truftees to preierve the contingent Remainders limited to fuch Sons ' and Daughters, by which Means fuch Sons and Daughters, if they happen to be born after the De-

  • ceafe of their Father, are in Danger to be defeated of their Remainder by the next in Remainder after

' them, and left unprovided for by fuch Settlements, contrary to the Intent of the Parties that made ' thofe Settlements ;' Be it enafted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this Parliament affembled, and by the Authority of the fame, That where any Eftate already is or fhall hereafter, by any Marriage or other Set- tlement, be limited in Remainder to, or to the Ufe of the firft or other Son or Sons of the Body of any Perfon lawfully begotten, with any Remainder or Remainders over to, or to the Ufe of any other Perfon or Perfons, or in Remainder to, or to the Ufe of a Daughter or Daughters lawfully begotten, with any Remainder or Remainders to any other Perfon or Perfons, that any Son or Sons, or Daughter or Daugh- ters of fuch Perfon or Perfons lawfully begotten or to be begotten, that fhall be born after the Deceafe of his, her or their Father, fhall and may, by virtue of fuch Settlement, take fuch Eftate fo limited to. the firft and other Sons, or to the Daughter or Daughters, in the fame Manner, as if born inthe Life- time of his, her or their Father, although there fhall happen no Eftate to be limited to Truftees, after the Deceafe of the Father, to preferve the contingent Remainder to ,fuch afterborn Son or Sons, Daugh- ter or Daughters, until he, flie or they come in effe, or are born, to take the fame ; any Law or Ufage to the contrary in any wife notwithftanding. ■ II. Provided always. That nothing in this ASt fhall extend or be conftrued to extend to diveft any E- ftate in Remainder, that by Virtue of any Marriage or other Settlement, is already come to the PoffefEon of any Perfon or Perfons, or to whom any Right is accrued, though not in aftual Poffeffion, by Reafon or Means of any afterborn Son or Sons, or Daughter or Daughters not happening to be born ip the Life- time of his, her or their Father. : " . CAP.