No. 23. and the Deed or Deeds so produced (the Execution thereof being duly 11 Geo. II. c. 20. proved), shall in all Courts of Law and Equity be deemed and taken Proviso. as a good and sufficient Evidence for such Purchaser and Purchasers, and those claiming under him, her, or them, that such Recovery or Recoveries was or were duly suffered and perfected according to the Purport of such Deed or Deeds, in Case no Record can be found of such Recovery or Recoveries, or the same should appear not to be regularly entered on Record: Provided always, that the Person or Persons making such Deed or Deeds as aforesaid, and declaring the Uses of a Common Recovery or Recoveries, had a sufficient Estate and Power to make a Tenant to such Writ or Writs as aforesaid, and to suffer such Common Recovery or Recoveries. V. And whereas it has frequently happened, That the Deeds for making the Tenants to the Writs of Entry or other Writs for suffering Common Recoveries, have been lost, or that the Fines or Deeds, making the Tenants to the said Writs, have not been levied or executed till after the Judgement given in such Recoveries, and the Writ of Seisin awarded, by Reason whereof great Doubts have arisen, whether such Recoveries, for Want of proper Tenants to the Writs, are good and effectual in Law;' To prevent such Doubts for the future, and in Order to render Common Recoveries more cerCommon Recove- tain and effectual, be it enacted by the Authority aforesaid, That ries not disputed every Common Recovery already suffered, or hereafter to be suffered, in 20 Years, shall shall, after the Expiration of twenty Years from the Time of the be deemed valid. be deemed good, suffering thereof, be deemed good and valid to all intents and Purposes, if it appears upon the Face of such Recovery, that there was a Tenant to the Writ; and if the Persons joining in such Recovery had a sufficient Estate and Power to suffer the same, notwithstanding the Deed or Deeds for making the Tenant to such Writ should be lost or not appear. VI. And be it further enacted by the Authority aforesaid, That Recovery to from and after the commencement of this Act, every Recovery already though the Deed suffered, or hereafter to be suffered, shall be deemed good and valid to be executed after all Intents and Purposes, notwithstanding the Fine, or Deed or the Time. What Recoveries valid. Deeds, making the Tenant to such Writ, should be levied or executed after the Time of the Judgment given in such Recovery, and the Award of the Writ of Seisin as aforesaid, provided the same appear to be levied or executed before the End of the Term, Great Session, Session or Assizes, in which such Recovery was suffered, and the Persons joining in such Recovery had a sufficient Estate and Power to suffer the same as aforesaid. (1) VII.. Provided always, That nothing in this Act contained shall not to be made extend, or be construed to extend, to make any such Common Recovery heretofore suffered valid and effectual in Law, which has been avoided by any lawful Act or Means, or which shall hereafter be avoided by Entry duly made on or before the Sixteenth Day of January, One Thonsand Seven Hundred and Forty, or by Judgment or Decree had or obtained upon some Action or Suit at Law or in Equity, commenced or to be commenced on or before the said Sixteenth Day of January, and prosecuted with due Diligence; but every such Common Recovery shall remain and be of such Force and Effect only, as the same would have been if this Act had never been made, and of no other Force or Effect. (1) In Goodright v. Rigby, 2 H. B. 46, it was contended, that this Provision did not apply when it appeared by special Verdict that the Conveyance to the Tenant was not made until after the EXECUTION of the Writ of Seisin-although in the same Term but ruled contra, and the Judgment affirmed on Error.-5 T. R. 177. No. 23. Proviso. VIII. Provided, That nothing in this Act contained shall be construed to prejudice or affect any Question of Law, which may 14 Geo. 11. c. 20. arise upon Common Recoveries not remedied or intended to be remedied by this Act; but all such Common Recoveries shall remain and be of such Force and Effect, as the same would have been if this Act had never been made, and of no other Force or Effect. IX. And whereas by an Act made in the Twenty-ninth Year of the Reign of King CHARLES the Second, intituled, An Act for 29 Car. II. c. 3. Prevention of Frauds and Perjuries, amongst other Things, it is • enacted, That Estates pur auter Vie, whereof no Devise shall be 'made, should, in Case there should be no special Occupant thereof, go to the Executors or Administrators of the Party that had the • Estate thereof by Virtue of the Grant, and should be Assets in their Hands. And whereas Doubts have arisen, where no Devise has ⚫ been made of such Estates, to whom the Surplus of such Estates, after the Debts of such deceased Owners thereof are fully satisfied ⚫ shall belong;' Be it enacted by the Authority aforesaid, That such Estates pur auter Vie, in Case there be no special Occupant thereof, Surplus of Estates of which no Devise shall have been made according to the said Act to pass, if not defor Prevention of Frauds and Perjuries, or so much thereof as shall vised. not have been so devised, shall go, be applied, and distributed, in the same Manner as the Personal Estate of the Testator or Intestate (2) (2) See Notes on the Subject of this Section subjoined to Statute 29 Charles II. c. 3, ante Class I. No. 17. pur auter Vie, how No. 24. 32 George II. c. 14.-An Act for the more regular and easy collecting, accounting for, and paying, of Post Fines, which shall be due to the Crown, or to Grantees thereof under the Crown; and for the Ease of Sheriffs in Respect to the same. W the Ogre of Sheriff, by the present Method of collecting, HEREAS great Trouble and Expence arise in the Execution accounting for, and paying of Post Fines, which become due to the 'Crown, or to the Grantees or Proprietors thereof under the Crown, by reason that the Persons from whom such Post Fines are due, are frequently unknown to the Sheriff, and reside out of his County; and the Parishes, Towns, Precincts, or Places in which the Lands lie, whereof the Fine was levied, are frequently misnamed, whereby the Sheriff is unable to find out the same. And forasmuch as the • Sheriff of every County, on the passing his Accounts, is obliged to pay to the Crown, before he can obtain his Quietus, the several and ⚫ respective Post Fines charged upon him, many of which he is never ⚫ able to collect in and receive, to his manifest Loss and Detriment; for Remedy whereof, and for the Ease of Sheriffs in the Execution of their Office, May it please your Majesty that it may be enacted;' And be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That on all and every Writ or Writs of Covenant which, from and after the first Day of Trinity Term One Thousand Seven Hundred and Fifty-nine, shall be sued out for the passing of Fines in his Majesty's Court of Common Pleas at Westminster, the Officer or Officers, whose Duty it is to set and indorse the Prefine payable there 32 Geo. II. c. 14. Preamble. No. 24. on, shall also at the same Time, set the usual Post Fine, and indorse 32 Geo. II. c. 14. the same on the Back of the said Writ or Writs, together with his or their Name or Names, or Mark of Office thereto, in the like Manner as the same are now indorsed or stampt at the Office called The King's Silver Office; which said Post Fine or Post Fines shall be forthwith paid to the Receiver of Prefines at the Alienation Office, for the Time being, together with the Sum of four Pence, as his Fee for receiving the same, instead and in lieu of the Fee of four Pence charged on Lands, Tenements and Hereditaments, and payable to Sheriffs, Bailiffs, and others, on discharging the same, by Virtue of the Act of the third Year of his late Majesty King GEORGE the First, intituled, An Act for the better regulating the Office of Sheriffs; and for ascertaining their Fees and the Fees for suing out their Patents and passing their Accounts; which said Fee of four Pence, by the said Act granted, from and after the said first Day of Trinity Term One ThouPost Fine to be sand Seven Hundred and Fifty-nine, shall cease and deterniine; and of the Writ, by the such Receiver shall indorse upon the Back of every such Writ or Officer who is to Writs of Covenant, one particular or certain Mark of Office, in like Manner as is now used by him on the Receipt of Prefines at gether with his Name or Mark of the Alienation Office, together with the Name of such Receiver, and Office: both Fines the Sum of Money which shall be by him received as the Post Fine to be paid toge- due thereon; whicn Mark and Indorsement of such Receiver, shall discharge the Manors, Lands, Tenements, Rents, Commons and Hereditaments, comprised in the said Writ or Writs of Covenant, and the Cognizee or Cognizees named therein. indorsed on Back set the Prefine, to ther. II And be it further enacted by the Authority aforesaid, That Clerk of the Sil the Officer or Clerk of the King's Silver Office, or his Deputy, from ver Office to enter and after the said first Day of Trinity Term One Thousand Seven & mark the Fines. Hundred and Fifty-nine, shall continue to enter every such Fine or Where no Prefine Office 13 to put a 8d. thereon, &c. Fines upon Record, in the Way hitherto used in the passing of Fines, and make thereof the same Entries, and shall put thereon the same Indorsements, with the same Stamp or Mark, and in the like Manner, as has hitherto been the constant Usage and Practice of the said Office in passing of Fines; and that no Fine, until the same shall be stampt and marked with the Sum to which the Post Fine amounts as aforesaid in the said King's Silver Office, shall be deemed a Fine valid and effectual in Law. III. And whereas no Prefine is payable on any Writ of Covenant where the Lands and Tenements contained therein are under the yearly Value of five Marks; but a certain Sum of six Shillings and eight Pence hath been antiently set and payable to the Crown on every such Writ of Covenant, as and for the King's Licence being is payable on the granted to the Parties in such Writ of Covenant named to accord; Wait, the Officer Be it therefore further enacted by the Authority aforesaid, That from at the Alienation and after the said first Day of Trinity Term, in all Cases where no Post Fine of 6s Prefine shall be payable on any Writ of Covenant, the Officer or Of ficers at the said Alienation Office, whose Duty it is to set and indorse the Prefine on every Writ of Covenant on which a Prefine is payable, shall set on every Writ of Covenant brought to the said Alienation Office, on which no Prefine shall be payable, a Post Fine of six Shillings and eight Pence, as hath been antiently usually put, at the said King's Silver Office, on every Writ of Covenant on which no Prefine was payable; and shall indorse such Post Fine of six Shillings and eight Pence on every such Writ of Covenant, together with his or their Name or Names, and Mark of Office, in the like Manner as it hath been usual to indorse such Writs of Covenant at the said Alienation Office; and every such Post Fine of six Shillings and eight Pence shall be paid to the said Receiver of the said Alienation Office, before the Writ of Covenant on which no Prefine is payable shall be passed No 24. at the said Alienation Office; and the said Receiver, on Payment of the said six Shillings and eight Pence, shall indorse on and mark 32 Geo II. e. 14. every such Writ of Covenant, in like Manner as other Writs of Covenant are by this Act before directed to be indorsed and marked by such said Receiver. no Writ where the IV. And be it further enacted by the Authority aforesaid, That the Officer or Clerk of the King's Silver Office, or his Deputy, from Clerk of the Silver and after the said first Day of Trinity Term One Thousand Seven Office to receive Hundred and Fifty-nine, shall not receive any Writ or Writs of Post Fine has not Covenant, unless it shall appear by the Mark and Indorsement of been paid such Receiver as aforesaid, that the Post Fine has been paid thereon. nizee. V. Provided nevertheless, That if after the Payment of such Post If the Writ shall Fine or Post Fines as aforesaid, the said Writ or Writs of Covenant be prevented from shall, by the Death of any of the Parties named therein, or for any fices, the Receiver passing several Of other Cause whatsoever, be prevented or hindered from passing to repay the Post through the several other Offices, so as the said Fine or Fines is or are Fine to the Cognot, or cannot be compleated; that then and in every such Case, the said Receiver shall repay to the Cognizee or Cognizees, in every such Writ or Writs of Covenant, his, her or their Attorney or Agent, on their producing and filing with him the said Writ or Writs of Covenant, all and every such Sum and Sums of Money as shall have been before by him received thereon as and for the Post Fine or Post Fines; and such Writ or Writs of Covenant so remaining filed with such Receiver, shall be and is hereby declared to be a sufficient Discharge to such Receiver, for such Sum or Sums of Money as he shall so repay as aforesaid. VI. And be it further enacted by the Authority aforesaid, That every such Receiver as aforesaid, before he takes upon him the Execution of his said Office, shall enter into a Recognizance before one of the Barons of his Majesty's Court of Exchequer, to his Majesty, his Heirs and Successors, with one or more Surety or Sureties, as shall be thought proper by such Baron, in the penal Sum of five thousand Pounds, conditioned for the due and faithful Execution of the said Office, and to pay unto every respective Sheriff of every County, City, and Town in England, having a Sheriff or Sheriffs, or his Under Sheriff or lawful Attorney, on his or their producing to such Receiver, his Clerk or Agent, at his public Office, the Quietus of the Sheriff for whom Payment is required, the Sum Total of the Post Fines which shall be contained in such respective Quietus, and wherewith such Sheriff shall have been charged in his Account in the Exchequer; and also to pay unto all and every the Lords of Liberties, Proprietors or Grantees of Post Fines under the Crown, or to their lawful Bailiffs or Attorney, upon their producing respectively unto the said Receiver, his Clerk or Agent, at his public Office, the respective Schedules of the foreign Apposer, or Clerk of the Estreats of the said Court of Exchequer, the several and respective Sums of Money in such Schedules contained, and set over as Post Fines to such Lords, Proprietors, or Grantees respectively; which said Surety, or Sureties, shall respectively justify him or herself, before the Baron taking such Recognizance, to be worth the Sum of two thousand five hundred Pounds, over and besides all just Debts and Incumbrances; and every such Recognizance shall, with all convenient Speed, after the taking thereof, be transmitted by the Baron who shall take the same to the King's Remembrancer of the Court of Exchequer, there to be filed and remain on Record; and such Receiver, and his said Sureties, shall in all Cases be respectively liable to the Amount of such penal Sum, to make Satisfaction to each respective Sheriff, and also to the respective Lords of Liberties, Proprietors, or Grantees, for all and every Post Fine and Post Fines which shall be received by such Receiver, Receiver to enter into Recogolzance. No. 24. his Deputy or Agent, on any Fine levied of any Lands, Tenements, 32 Geo. II. c. 14. Rents, or Hereditaments, within their respective Sheriffwicks or Attendance at Of of the Writs. Liberties; and in case of the Death or Insolvency of any of the said Sureties, at any Time after the entering into such_Recognizance as aforesaid, then one or more Surety or Sureties in the Room or Place of him, her or them, so dying or becoming insolvent, as aforesaid, shall, within the Space of one Month then next, enter into such Recognizance as the said Surety or Sureties so dying or becoming insolvent had entered into, and justify himself, herself or themselves, in like Manner as is before directed in this Act; in default of which the said Office shall immediately cease, determine, and be utterly void. VII. And be it further enacted by the Authority aforesaid, That Time of Receiver's from and after the said first Day of Trinity Term, every such Receiver, fice, and Delivery his Clerk or Agent, shall daily, (Sundays and Holidays excepted) attend at the said Alienation Office from nine of the Clock in the Morning till one of the Clock in the Afternoon, and shall deliver back every such Writ of Covenant as aforesaid, when the same shall be called for at the said Alienation Office, during the Office Hours herein before appointed for such Receiver's Attendance at the said Office, within two Days after every such Post Fine shall be paid thereon respectively, unless the last of the said two Days shall happen to be a Sunday or Holiday, and then on the next succeeding Day. Receiver to pay ducing his Quietus, &c. VIII. And be it enacted by the Authority aforesaid, That every such Receiver as aforesaid shall pay unto every Sheriff of any of the the Post Fines to Counties, Cities, or Towns of England, his Under Sheriff or lawful the Sheriff, on pro- Attorney, on his producing his Quietus, the several and respective Sums of Money in the said Quietus mentioned to have been by him accounted for in the Receipt of his Majesty's Exchequer, on the passing of his Accounts as and for Post Fines of his Majesty's Court of Common Pleas at Westminster; and also in like Manner pay unto all and every Lords of Liberties, Proprietors or Grantees, under the Crown, of such Post Fines, or his or their Bailiff or lawful Attorner, upon their producing the Schedules of the foreign Apposer, or Clerk of the Estreats of the said Court of Exchequer, the several and respective Sums of Money in the said Schedules set and allowed to them as Post Fines; the said Receiver deducting and retaining to himself, out of every twenty Shillings which he shall so pay, the Sum of six Pence only, for his Trouble and Attendance on the due Execution of this Act, and so in proportion for any greater or less Sum, and which he is hereby authorized and impowered to deduct and retain to his own Use; but neither the said Receiver, nor any other Person or Persons whatsoever, for his or their Attendance on such Receiver, shall charge or be allowed any Fee or Reward for or on the Account of doing any Thing by this Act directed, except the said Fees to such Receiver in this Act particularly mentioned and expressed. Hand or Mark. IX. And be it further enacted by the Authority aforesaid, That Penalty of forg ing the Receiver's if any Person or Persons from and after the said first Day of Trinity Term one thousand seven hunered and fifty-nine shall make, forge, or counterfeit, or cause or procure to be made, forged, or connterfeited, the Mark or Hand of such Receiver as aforesaid, whereby such Receiver, or any other Person or Persons, shall or may be defrauded, or suffer any Loss thereby; every Person or Persons convicted of such Offence, shall be deemed guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy. Receiver made der of the Court, &.. X. And be it also enacted by the Authority aforesaid, That every subject to the Or- such Receiver refusing or neglecting to pay such Post Fines to the said respective Sheriffs, Lords of Liberties, Proprietors, or Grantees under the Crown, or their lawful Attornies, or Bailiffs, shall be subject to such Order as the Barons of the said Court of Exchequer of the De |