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Execution Act 1540

As Enacted Cited in Related
Vincent
Statutes made at Westminster, Anno 32 Hen VIII. and Anno Dom.1540. For the Continuation of Debts upon Execution.

(32 Hen. 8) C A P. V.

'W H E R E A S before this Time divers and sundry Persons have sued Executions, as well upon Judgments for them given of their Debts and Damages, as upon such Statutes Merchant, Statutes of the Staple or Recognizances, as have been to them before made, recognized and knowledged, and thereupon such Lands, Tenements and other Hereditaments as were liable to the same Execution, have been by reasonable Extent to them delivered in Execution for the Satisfaction of their said Debts and Damages, according to the Laws of this Realm; (2)nevertheless it hath been oftimes seen, that such Lands, Tenements and Hereditaments, so delivered and had in Execution, have been recovered or lawfully divested, taken away, or evicted from the Possession of the said Recoverers, Obligees or Recognizees, their Executors or Assigns, before such Time as they have been fully satisfied and paid off their said Debts and Damages, without any manner Fraud, Deceit, Covin, Collusion or other Default in the said Recoverers, Obligees or Recognizees, their Executors or Assigns; (3) by reason whereof the said Recoverers, Obligees and Recognizees have been thereby set clearly without Remedy by any manner Suit of the Law, to recover or come by any such Part or Parcel of their said Debts and Damages as was behind, and not by them levied or received before such Time as the said Lands, Tenements and other Hereditaments, so by them had in Execution, were recovered, lawfully divested, taken or evicted out of and from their Possessions, as is aforesaid, to their great Hurt and Loss, and much seeming to be against equal Justice and good Conscience;' (4) for Reformation whereof, be it enacted by Authority of this present Parliament, Thatif hereafter any such Lands, Tenements or Hereditaments, as be, or shall be had and delivered to any Personor Persons in Execution, as is aforesaid, upon any just and lawful Title, Matter, Condition or Cause, wherewithal the said Lands, Tenements and Hereditaments were liable, tied and bound at such Time as they were delivered and taken into Execution, shall happen to be recovered, lawfully divested, taken or evicted out of and from the Possession of any such Person and Persons, as now have and hold, or hereafter shall have and hold the same in Execution, as is aforesaid, without any Fraud, Deceit, Covin, Collusion or other Default of...

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