Two ACTS
DƲBLIN, Printed by Andrew Crook, Printer to the Kings Moſt Excellent Majeſty, on Ormonde-Key. 1695.
WHEREAS in a Parliament held in the Seaventeénth and Eighteénth Years of the Reign of King Charles the Second, the ſeveral Statutes hereafter mentioned were Enacted (vizt.) One Act, Intituled, An Act to prevent Delays in Extending Statutes, Judgments, and Recognizances. And one other Act, Intituled, An Act to prevent Arreſts of Judgments, and Superſeding Executions: Both which Acts are now Expired; but by Experience have beén found to be good and profitable Laws for this Kingdom, and fit to be Revived and made Perpetual.
Be it therefore Enacted by the Kings Moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and the Commons in this preſent Parliament Aſſembled, and by the Authority of the ſame. That the ſaid ſeveral Statutes, and every of them, and all and every the Branches and Clauſes in them, and every of them Contained are hereby Revived, and ſhall from henceforth be, Remain and Continue in Force and Effect for Ever.
And be it further Enacted by the Authority aforeſaid, That in all Actions Real and Perſonal, or mirt, the Death of either Party between the Verdict and the Iudgment ſhall not be hereafter alledged for Error, ſo as Iudgment be Entred within two Terms after ſuch Verdict.
WHEREAS Divers Lords of Mannors and divers have uſed to Grant Eſtates by Leaſe for one or more Life or Lives, or elſe for Years Determinable upon one or more Life or Lives; And it hath often happened that ſuch Perſon or Perſons for whoſe Life or Lives ſuch Eſtates have beén Granted have gone beyond the Seas, and abſented ſheriff〈◊〉for many Years, that the Leſſors and Revertioners cannot find out whether ſuch Perſon or Perſons be Alive or Dead, by reaſon whereof ſuch Leſſors and Revertioners have beén held due of Poſſeſſion of their, Tenements for many years after all the Lives upon which ſuch Eſtates depend are dead, in regard that the Leſſors and Revertioners when they have brought••ſons for the Recovery of their Tenements, have beén put upon it to prove the Death of their Tennants when it is almoſt Impoſſible for them to diſcover the ſame. For Remedy of which Miſchief to frequently happening to ſuch Leſſors or Revertioners.
Be it Enacted by the King's Moſt Excellent Majeſty, by and with the〈…〉and Conſent of the Goods〈…〉, and the Commons in this〈…〉, and by the Authority of the ſame, That if ſuch Perſon or5 Perſons for whoſe Life or Lives ſuch Eſtates have beén or ſhall be granted, as aforeſaid, ſhall remain beyond the Seas, or elſewhere abſent themſelves in this Realm by the ſpace of Seven Years together, and no ſufficient and Evident proof be made of the Lives of ſuch Perſon or Perſons reſpectively in any Action Commenced for the recovery of ſuch Tenements by the Leſſors or Revertioners, their Heirs or Aſſignes: The Iudges before whom ſuch Action ſhall be brought ſhall direct the Iury to give their Verdict as if the perſon ſo remaining beyond the Seas, or otherwiſe, abſenting himſelf were dead.
And be it further Enacted, That in any ſuch Action, wherein the Life or Death of any ſuch Perſon or Perſons ſhall come in queſtion betweén the Leſſor or Revertioner and the Tennant in poſſesſion; it ſhall and may be Lawful for the Leſſor or Revertioner to take Exception to any of the Iurors returned for the Tryal of that Cauſe, that the greateſt part of the Real Eſtate of any ſuch Iuror is held by Leaſe for Life or Lives, who upon proof thereof ſhall be ſet aſide as in caſe of other Legal Challenges.
Provided always, and be it Enacted, That if any Perſon or Perſons ſhall be Evicted out of any Lands or Tenements by Vertue of this Act, and afterwards if ſuch perſon or perſons upon whoſe Life or Lives ſuch Eſtate or Eſtates depend, ſhall return again from beyond the Seas, or ſhall on proof in any Action to be brought for recovery of the ſame, be made appear to be Living, or to have beén Living at the time of the Eviction, that then and from thenceforth the Tennant or Leſſeé who was outed6 of the ſame, his or their Executors, Adminiſtrators or Aſſigns ſhall or may Re-enter, Re-poſſeſs, Have, Hold and Enjoy the ſaid Lands or Tenements as in his or their former Eſtate for and during the Life or Lives or ſo long Term as the ſaid perſon or perſons, upon whoſe Life or Lives the ſaid Eſtate or Eſtates depend ſhall be Living, and ſhall alſo upon Action or Actions to be brought by him or them againſt the Leſſors, Revertioners or Tennants in poſſesſion, or other perſons reſpectively, which ſince the time of the ſaid Eviction received the Profits of the ſaid Lands or Tenements, recover for Damages the full Profits of the ſaid Lands or Tenements reſpectively, with Lawfull Intereſt for and from the time that he or they were outed of the ſaid Lands or Tenements, and kept and held out of the ſame by the ſaid Leſſors, Revertioners, Tennants, or other Perſons who after the ſaid Eviction Received the Profits of the ſaid Lands or Tenements, or any of them Reſpectively, as well in the Caſe where the ſaid Perſon or Perſons, upon whoſe Life or Lives ſuch Eſtate or Eſtates did Depend, are, or ſhall be Dead at the time of bringing the ſaid Action or Actions as if the ſaid Perſon or Perſons were then Living.
(EEBO-TCP ; phase 2, no. A87334)
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