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	Statutes of Northern Ireland
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CONVEYANCING ACT (IRELAND) 1634

CONVEYANCING ACT (IRELAND) 1634 - LONG TITLE

An Act against covenous and fraudulent conveyances.{1} BFORASMUCH as
not onely the Kings most excellent Majesty, but also divers of his
Highnesse good and loving subjects, and bodies politique and
corporate, after conveyances obtained, or to be obtained, and
purchases made, or to be made of lands, tenements, leases, estates
and hereditaments, for money or other good considerations, may have,
incurre, and receive great loss and prejudice, by reason of
fraudulent and covenous conveyances, estates, gifts, grants, charges
and limitations of uses heretofore made or hereafter to be made,
of, in, or out of lands, tenements, or hereditaments so purchased,
or to be purchased; which such said gifts, grants, charges, estates,
uses and conveyances were or hereafter shall be meant and intended
by the parties that so make the same, to be fraudulent and
covenous, of purpose and intent to deceive such as have purchased
or shall purchase the same, or else by the secret intent of the
parties, the same be to their owne proper use, and at their free
disposition, coloured neverthelesse by a fained countenance, and shew
of words and sentences, as though the same were made bona fide for
good causes, and upon just and lawfull considerations. For remedy of
which inconveniences, and for the avoyding of such fraudulent,
fained, and covenous conveyances, gifts, grants, charges, uses and
estates, and for the maintenance of upright and just dealing in the
purchasing of lands, tenements and hereditaments; >Fraudulent
conveyances, incumbrances, &c. to deceive purchasers, void as against
them. A>[I.] A LL and every conveyance, grant, charge, lease,
estate, incumbrance and limitation of use, or uses, of in or out
of any lands, tenements, or other hereditaments whatsoever had or
made any time heretofore sithence the beginning of the raigne of
King James, His Majesty of famous memory, or at any time hereafter
to be had or made, for the intent and purpose to defraud and
deceive such person or persons, bodies politique or corporate, as
have purchased, or shall afterwards purchase in fee simple, fee
tayle, for life, lives or years, the same lands, tenements and
hereditaments, or any part or parcell thereof so formerly conveyed,
graunted, leased, charged, incumbred or limited in use, or to
defraud and deceive such as have, or shall purchase any rent,
profit or commodity, in, or out of the same, or any part thereof,
shall be deemed and taken only as against that person or persons,
bodies politique and corporate, his and their heires, successors,
executors, administrators and assignes, and against all and every
other person and persons, lawfully having or clayming, by, from or
under them, or any of them, or to their, or any of their use or
uses, which have purchased, or shall hereafter so purchase, for
money or other good consideration, the same lands, tenements, or
hereditaments, or any part or parcell thereof, or any rent, profit,
or commodity, in, or out of the same, to be utterly void,
frustrate, and of none effect; any pretence, colour, fained
consideration, or expressing of any use or uses, to the contrary
notwithstanding. >Penalty upon parties and privies, to fraudulent
conveyances, if they avow or justify the same. II. A ND all and
every the parties to such fained, covenous and fraudulent gifts,
grants, leases, charges, or conveyances before expressed, or being
privy or knowing of the same, or any of them, which . . .{2}
shall wittingly and willingly put in ure, avowe, maintaine, justifie
or defend the same, or any of them, as true, simple, and done,
had or made, bona fide, or upon good consideration, to the
disturbance or hinderance of the said purchaser or purchasers,
lessees or grauntees, or of, or to the disturbance or hinderance of
their heirs, successors, executors, administrators or assignes, or
such as have,| or shall lawfully claime any thing by, from or
under them, or any of them, or to their or any of their use or
uses, shall incurr the penalty or forfeiture of one year's value of
the said lands, tenements and hereditaments, so purchased or charged,
. . .{2} to be received in any of the Kings courts of record, by
action of debt, bill, plaint or information, . . .{3} and also
being thereof lawfully convicted, shall suffer imprisonment for one
half year, . . .{3}. >Conveyances on good consideration and bona
fide not made void. A>III. P ROVIDED also, That this act or any
thing therein contained, shall not extend, or be construed to
impeach, defeat, make voide, or frustrate any conveyance, assignement
of lease, assurance, grant, charge, lease, estate, interest or
limitation of use or uses, of, in, to, or out of any lands,
tenements, or hereditaments heretofore at any time had or made, or
hereafter to be had or made, upon or for good consideration, and
bona fide, to any person or persons, bodies politique or corporate;
any thing before mentioned to the contrary hereof notwithstanding.
>Conveyance with power of revocation or alteration, void as against
a subsequent bargain and sale, charge, &c. for money or other good
consideration. A>IV. A ND if any person or persons have heretofore,
sithence the beginning of the raign of our late most gracious
soveraigne lord King James of ever blessed memory, made, or
hereafter shall make any conveyance, gift, grant, demise, charge,
limitation of use or uses, or assurance of, in, or out of any
lands, tenements, or hereditaments, with any clause, provision,
article, or condition of revocation, determination or alteration, at
his or their will or pleasure, of such conveyance, assurance,
grants, limitations of uses or estates, of, in or out of the said
lands, tenements, or hereditaments, or of, in, or out of any part
or parcell of them contained or mentioned in any writing, deed, or
indenture of such assurance, conveyance, grant or gift; and after
such conveyance, grant, gift, demise, charge, limitation of uses or
assurances so had or made, shall or doe bargaine, sell, demise,
grant, convey, or charge the same lands, tenements, or hereditaments,
or any part or parcell thereof, to any person or persons, body
politicke or corporate, for mony, or other good consideration, paid
or given, the said first conveyance, assurance, gift, grant, demise,
charge or limitation, not by him or them revoked, made voide, or
altered according to the power and authority reserved or expressed
unto him or them, in and by the said secret conveyance, assurance,
gift or grant; that then the said former conveyance, assurance,
gift, demise, and grant, as touching the said lands, tenements, or
hereditaments, so after bargained, sold, conveyed, demised, or
charged, against the said bargainees, vendees, lessees, grauntees, and
every of them, their heires, successors, executors, administrators and
assigns, and against all and every person and persons which have,
shall, or may lawfully claime any thing, by, from, or under them,
or any of them, or to their or any of their use or uses, shall
be deemed, taken and adjudged to be void, frustrate and none of
effect, by vertue and force of this present act. >But no lawful
mortgage bona fide and on good consideration to be impeached by
this act. A>V. P ROVIDED neverthelesse, that no lawfull mortgage
made or to be made bona fide, and without fraud or covin, upon
good consideration, shall be impeached or impaired by force of this
act, but shall stand in like force and effect as the same should
have done, if this act had never been had or made; any thing in
this act contained to the contrary in any wise notwithstanding. N>>
Ss.VI IX rep. by SLR (I) 1878 X. A ND furthermore for the
avoyding and abolishing of fained, covenous and fraudulent feoffments,
gifts, grants, alienations, conveyances, bonds, suites, judgements and
executions, as well of lands, and tenements, as of goods and
chattels more commonly used and practised in