5.9. trusts to be in writing. s. 10. Lands, &c. liable to the judgments, &c. of cestui-quetrust only. 29 Car. 2. c. 3. creations of trusts of any lands, &c. shall be manifested s. 7. Eng. and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be void. Provided (s. 8.) that Trusts by impliwhere any conveyance shall be made of any lands or tecation excepted. nements by which a trust shall arise or result by implication or construction of law, or be transferred or extinguished by an act or operation of law, such trust shall be of the like effect as if this statute had not been made. And by s. 9. all grants and assignments of any trust, shall likewise Assignment of be in writing, signed by the party granting or assigning the same, or by such last will or devise; or else shall be void, By s. 10. it shall be lawful for every sheriff or other officer to whom any writ or precept is directed upon any judgment, statute, or recognizance, to deliver execution unto the party suing, of all such lands, &c. as any other person be in any manner seised or possessed in trust for him against whom execution is so sued, as if the party against whom execution shall be sued had been seised of such lands, &c. of such estate as they be seised of in trust for him at the time of the execution sued; which lands, &c. shall be accordingly held, freed from all incumbrances of such person seised or possessed in trust, Trusts assels in And if any cestui-que-trust shall die, leaving a trust in fee-simple to descend to his heir, such trust shall be assets by descent, and the heir shall be chargeable with the obligation of his ancestor, as if the estate in law had descended to him in like manner as the trust. Provided (s. 11.) that no heir, that shall be chargeable by reason of any estate or trust made assets in his hands by this law, chargeable out shall by reason of any plea or confession of the action, of his own estate, or suffering judgment by nient dedire, or other matter, be chargeable to pay the condemnation out of his own estate; but execution shall be sued of the whole estate so made assets, in whose hands soever it shall come after the writ purchased, in the same manner as at common law, where the heir pleading a true plea judgment is prayed against him thereupon. These several provisions are also contained in the 7 W. 3. c. 12, Ir the hands of heirs. s. 11. Heirnot thereby W. 3. c. 12. s. 4. to 8. Ir, sales of lands 27 Hen. 8. *Dublin, in 19 c. I. Ir. 1 V.Next as to deeds of bargain and sale: by the 27 Hen. 8. Bargains and c. 16. Eng. no lands, &c. shall pass from one to another, to be inrolled, whereby any estate of inheritance or freehold shall be &c. made or take effect in any person, or any use thereof be c. 16. Eng. made, by reason only of any bargain and sale thereof, except the same be made by writing indented, sealed, and inrolled in one of his majesty's courts of record at *Westminster, or else within the county where said lands lie, Car. 1. st. 2. before the custos rotulorum, and 2 justices, and the clerk of the peace of such county, or 2 of them at the least, whereof the clerk of the peace to be one; and such inrolment to be made within 6 months next after the date of the writing indented: the same custos rotulorum, or justices of the peace, and clerk, taking for every such inrolment, 2s. where the land comprised in such writing exceeds not the yearly value of 40s. viz. 12d. to the justices, and 12d. to the clerk; and where the land comprised exceeds 40s. yearly value, 5s. viz. 2s. 6d. to the justices, and 2s. 6d. to the clerk. And the clerk of the peace within every county, shall sufficiently inroll and ingross in parchment the same deeds or writings indented; and the rolls thereof at the end of every year shall deliver to the custos rotulorum of said county, there to remain in bis custody amongst the records of such county, to the intent that every party may resort and see the tenor thereof. But by s. 2. this act shall not extend to lands, &c, within any city, borough, or town corporate, wherein the mayors, recorders, or other officers, have authority to inroll deeds, &c.* This statute is incorporated in the 10 Car. I. 10 Car. 1. st. 2. st. 2. c. 1. Ir. For supplying a failure in pleading or de- Ir. riving title to lands, &c. where the original indentures of bargain and sale are wanting, the 10 Ann. c. 18, s. 3. Eng. 10 Ann. c. 18. provides, that where in any declaration, avowry, bar, re- s. 3. Eng. plication, or other pleading, any such indenture of bar inrolment eviA copy of such gain and sale inrolled, shall be pleaded with a profert in dence, curia, the person so pleading may produce, to answer such profert, as well against the crown, as any other person, a copy of the inrolment of such bargain and sale; 5. 2. c. 1. s. 17, 18. and The 5 Eliz. c. 26. Eng. prescribes the mode of inrolling bargains and sales within the counties of Lancaster, Chester, and Durham. s. 6. Ir. and such copy examined with the inrolment, and signed by the proper officer having the custody of such inrolment, and proved upon oath to be a true copy, shall be of the same force as the indenture of bargain and sale, if the same were produced. No such statute has been 9 Geo. 2. c. 5. passed in Ireland; but the 9 Geo. 2. c. 5. s. 6. Ir. recites, that purchasers for valuable considerations under deeds of Recital of lease lease and release, have been prevented from recovering their rights, for want of being able to produce the lease for a year (or rather bargain and sale), which is often lost or mislaid: and therefore enacts, that the recital of a lease for a year in the deed of release, shall be sufficient evidence of such lease: which is a law of evidence peculiar to Ireland. And by the 1 Geo. 3. c. 3. s. 2. Ir. in pleading deeds of lease and release, wherein it may Profert of rebe necessary to allege the bringing such deeds into court, lease sufficient. it shall be sufficient to allege, the bringing into court the deed of release. for a year in release evidence. 1 Geo. 3. c. 3. s. 2. Ir. $6. Mode of acknowledging and inrolling sta 13 Edw. 1. st.3. E. & I. . VĮ. As to Recognizances: it is enacted by the statute de mercatoribus, 13 Edw. 1. st. 3. E. & I. that a merchant which will be sure of his debt shall cause his tutes-merchant. debtor to come before the mayor of London, or before some chief warden of the city or other town where the king shall appoint, and before the mayor or chief warden, or other discreet men sworn thereto, when the mayor or chief warden cannot attend, and before one of the clerks that the king shall assign, when both cannot attend, and acknowledge the debt and day of payment; and the recognizance shall be inrolled by one of the clerks, and the roll shall be double, whereof one part shall remain with the mayor or chief warden, and the other with the clerks; and one of the clerks shall write an obligation, whereunto the seal of the debtor shall be put with the king's seal, which seal shall be of 2 pieces, whereof the great piece shall remain with the mayor or chief warden, and the other in the keeping of the clerks. And there shall be also another seal provided that shall serve for fairs, and the same shall be sent unto every fair under the king's seal by a clerk sworn, or by the keeper of the fair. And of the commonalty of London 2 merchants shall be chosen, that shall 4 be " be sworn, and the seal shall be opened before them, and one piece shall be delivered to the merchants, and the other shall remain with the clerk; and before them, or one of the merchants, if both cannot attend, the recog'nizances shall be taken. And before the recognizances be inrolled, the pain of the statute shall be read before the debtor. And to maintain the costs of the clerk, the king shall take of every pound a penny, in every town where the seal is, except fairs, where he shall take one penny "Halfpenny of the pound. And this act shall be observed throughout England and Ireland between any that will 'make such recognizances, except Jews. And by the 14 Edw. 3. st. 1. c. i. E. & I. every clerk deputed to re- st. 1. c. 11. -ceive recognizances in cities and boroughs, shall abide in -person to do his office, and shall have lands sufficient in Clerk to be suf"the county, whereof he may answer. With respect to ficient and resi statutes-staple, by the 27 Edw. 8. st. 2. c. 9. E. & I. every 27 Edw.. 3. "mayor of the staples shall have power to take recognizan- st. 2. c. 9. ces of debts, in the presence of the constables of the staple, or one of them. "And in every of the staples Mode of ac } 14 Edw. S.. E. & L. dent. E. & L. knowledging 'shall be a seal remaining in custody of the mayor; under statutes-staple. 23 Hen. 8. c. 6. the seals of the constables; and all obligations made upon snch recognizances shall be sealed with the said seal, paying for every obligation of £100 and within, of every pound' a halfpenny, and of every obligation above £100, a farthing. And with respect to recognizances in the nature of a statute staple by the 23 Hen: 8. c. 6. Eng. the - chief justice of the king's bench, and the chief justice Eng. "of the common pleas, every of them by himself, and in › their absente out of term, the mayor of the staple at *Westminster and the recorder of London together, shall inces 1 have power to take recognizances for debts according to a statute-staple "this form "Know all men' by these presents us A. B. and C. D. to be held and firmly bound to J. S. in £ to the same J. S or his certain attorney sliewing this writing, his heirs or executors, in (such a feast, &c.) nést ensuing after the date of these presents; and if we fail - ia payment of the said debt, we will and grant that there shall then run upon us, our heirs, &c. the pain, in the statute of the staple for the recovering of debts for merchandize bought in the same, ordained and provided, Mode of ac knowledging re the nature of dated. . 3. 3.4. s. 5. $10. dated (such a day, &c.) And by s. 3. every obligation made according to this act shall be sealed with the seal of the party, and also with such seal as the king shall appoint, with the seal of one of the said justices, or with the seals of the mayor and recorder, and with their names subscribed, that shall take the recognizance; and the justices, mayor, and recorder, shall have the custody of one such seal, which shall severally remain with them. And by s. 4. such person as shall be assigned by the king shall write all such obligations, and cause the same to be inrolled in 2 rolls indented, whereof one shall remain with the justices, or with the mayor and recorder, that shall take the recognizance, and the other with the writer; and the person appointed for writing and inrolling such obligations, or his deputy, shall dwell in London, upon pain to forfeit for every time that he shall be absent 2 days, £10. By s. 5. the person assigned to write and inroll such obligations, at the request of the creditors, shall certify such obligations into chancery, under the seal of the said person. By s. 10. every of the said justices, and the said mayor, and recorder, before whom such obligation shall be recognized, shall take for knowledge of such recognizance, 3s, 4d. and the clerk that shall inroll the same, 3s. 4d, and for the certificate of every such obligation, 20d.; and if any of the said justices, &c. take above the sums so limited, they shall forfeit 40s. And by s. 11. no mayor or constable of the staple, shall, for the payment of money, take any recognizance of the statute staple, upon pain to forfeit £40; the one moiety thereof to the king, and the other to the party that will sue for the same by action of debt, &c. in any of the king's courts: provided that this act be not hurtful to any mayor and constables of the staple, for any bond of statute staple taken between merchants being free of the staple, for merchandize of the staple 8 Geo. 1. c. 25. between them bought and sold. By the 8 Geo. 1. c. 25. Eng. the rolls appointed by the 23 Hen. 8. c. 6. to be made of recognizances in the nature of a statute staple, shall be made in manner following, viz. the clerk of the recognizances, or his deputy, shall yearly prepare 3 parchment Eng. & 11. |