SECT. XI. or on this side of the first day of May "which will be on the year of our Lord Hen. 8. c. 10. % God 1536, shall have any use or uses, The statute 27 66 trusts or confidences in any manors, lands, "tenements, or hereditaments holden of the king's highness, by reason of premier seisin, livery, ouster le main, fine for alienation, relief, or harriot; (2.) but that fines for alien'ations, reliefs and harriots, shall be paid to "the king's highness, and also liveries and "ouster les mains shall be used for uses, trusts, "and confidences to be made and executed in "possession by authority of this act, after "and from the said first day of May, of "lands and tenements, and other heredi"taments holden of the king in such-like 66 manner and form, to all intents, constructions, and purposes, as hath heretofore "been used or accustomed by the order of "the laws of this realm. 15. "Provided also, That no other per"son or persons, or bodies politic, of whom any lands, tenements, or hereditaments be, CC or hereafter shall be holden mediate or im mediate, shall in any wise demand or take any fine, relief, or harriot, for or by oc"casion of the executing of any estate by "the authority of this act, to any person or persons, or bodies politic, before the said "first day of May which will be in the "year 1536. The statute 27 Hen. 8. c. 10. 14. And be it enacted by the authority SECT. XI. "aforesaid, That all and singular person and persons, and bodies politic, which at any "time on this side the said first day of May "which shall be in the year of our Lord God "1536, shall have any estate unto them ex"ecuted, of and in any lands, tenements, 66 or hereditaments by the authority of this "act, shall and may have and take the same 66 or like advantage, benefit, voucher, aid prayer, remedy, commodity, and profit by "action, entry, condition, or otherwise, to "all intents, constructions, and purposes, as "the person or persons seised to their use "of or in any such lands, tenements, or he"reditaments, so executed, had, should, might, or ought to have had at the time "of the execution of the estate thereof, by "the authority of this act, against any other person or persons, of or for any waste, "disseisin, trespass, condition broken, or "any other offence, cause, or thing con"cerning or touching the said lands or te"nements so executed by authority of this act. 15. "Provided also, and be it further "enacted by the authority aforesaid, That "actions now depending against any person or persons seised of or in any lands, tene 66 ments, or hereditaments, to any use, trust, or "confidence, shall not abate, ne be discharg SECT. XI. The statute 27 "ed for or by reason of executing of any estate thereof, by authority of this act, "before the said first day of May which "shall be in the year of our Lord God 1536, any thing contained in this act to the contrary notwithstanding. 16. "Provided also, That this act, nor any thing therein contained, shall not be prejudicial to the king's highness for wardships of heirs now being within age, nor "for liveries, or for ouster le mains, to be "sued by any person or persons, now being "within age, or of full age, of any lands or "tenements unto the same heir or heirs now "already descended; any thing in this act "contained to the contrary notwithstand❝ing. 17. "Provided also, and be it enacted "by the authority aforesaid, That all and singular recognizances heretofore know 861 ledged, taken, or made to the king's use, "for or concerning any recoveries of any "lands, tenements, or hereditaments hereto"fore sued or had, by writ or writs of entry, "6 upon disseisin in le post, shall from hence"forth be utterly void and of none effect, to "all intents, constructions, and purposes. 18. "Provided also, That this act, nor any thing therein contained, be in any wise 66 prejudicial or hurtful to any person or per SECT. XI. Hen. 8. c. 10. sons born in Wales, or the marches of the The statute 27 same, which shall have any estate to them "executed by authority of this act, in any "lands, tenements, or other hereditaments "within this realm, whereof any other per" son or persons now stand or be seised to the "use of any such person or persons born in "Wales or the marches of the same, but "that the same person or persons born in "Wales, or the marches of the same, shall, 66 or may lawfully have, retain, and keep the "same lands, tenements, or other heredita"ments, whereof estate shall be so unto "them executed by the authority of this act, according to the tenour of the same; any thing in this act contained, or any other "act or provision heretofore had or made, to "the contrary notwithstanding." (88.) SECT. I. not abolish uses altogether, CHAP. II. Of Uses since the Statute 27 Hen. 8. c. 10. WHATEVER might have been the intention of The statute did the legislature, the statute of 27 Hen. 8. c. 10. certainly did not abolish the practice of conveying to uses: it has merely destroyed the intervening estate of the feoffees, or grantees; and thereby converted the equitable, into a legal, estate. Some have thought, that the legislature meant, that lands should not pass subsequently to the statute by way of use, but only by solemn livery; and therefore they held, that these words of the statute, "Where (80-) any person or persons stand, or be seised, or "at any time hereafter shall happen to be "seised," are not evidence that the makers of the act expected, that uses would be continued afterwards; but that those words were inserted to provide for a case, which possibly might occur: as, supposing a feoffee to uses had been disseised before the act, and the disseisin had continued until the act passed; at the time of * 1 Co. 125. a, b. |