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A45991 An act to prevent frauds by clandestine mortgages ; An act for the more easy obtaining partitions of lands in coparcenary joyn-tenancy, and tenancy in common, and bounding and mearing of lands Ireland. 1697 (1697) Wing I325; ESTC R39292 6,771 15

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from such her Dower or Right An ACT for the more Easy obtaining Partitions of Lands in Caparce nary Joynt-tenancy and Tenancy in Common and Bounding and Mearing of Lands CHAP. XXXVII WHereas the Proceédings upon Writs of Partition betweén Coparceners by the Common-Law or Custom Ioynt-Tenants or Tenants in Common are found by Experience to be Tedious Chargable and oftentimes Ineffectual by Reason of the difficulty of Discovering the persons and Estates of the Tenants of the several Manours Messuages Lands Tenements and Hereditaments to be Divided and the Defective and Dilatory Executing and Returning of the Process of Summons Attachment and Distress and other Dificulties and Impediments in Making and Establishing of Partitions by Reason of which divers persons having Vn-divided Parts or Pur-parts are greatly Prejudiced and Oppressed and the Premise are frequently Wasted or lye Vncultivated or not Improved and the Profits of the same thereby Totally are in a greater measure Lost For Remedy thereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That from the Sixth Day of November One thousand Six hundred Ninety seaven and after Process of Summons or Attachment upon any Writ of Partition Returned and Affidavit made thereupon by any Sufficient and Credible person that due Notice in Writing is or hath beén given of the said Writ of Partition to the Tenant or Tenants to the said Writ or Action and a Copy thereof left with the Occupyer or Tenant or Tenants in Possession of the said Lands or if they or any of them cannot be found then to the Wife Son or Daughter being of the Age of One and Twenty Years or upwards of such Tenant or Tenants to the said Writ or Action or Tenant in actual Possession as aforesaid by Vertue of any Estate of Freéhold for Years or to at Will or any uncertain Interest of or in the said Manours Lands Tenements and Hereditaments whereof the said Partition is so Demanded unless the said Tenant in Actual Possession be Demandant in the said Action at the least Forty Days before the Day of the Return of the said Summons or Attachment if in such Case the Tenant or Tenants to such Writ or Tenant in Possession to the Manours Lands Tenements and Hereditaments as aforesaid or any of them shall not within the Term after Return of such Writ of Summons or Attachment or the Term following the same cause an Appearance to be Entred in such Court where such Writ of Summons or Attachment shall be Returnable then and in Default of such Appearance the Demandant having Filed his Declaration the Court may and shall proceéd to Examine the Title of the said Demandant set forth in his Declaration and the Content or Quantity of his Part or Pur-part of the said Lands and Premises and according as they shall find his right Part and Pur-part to be they shall for so much cause Iudgment by Default to be Entred for the said Demandant and thereupon Order and Award a Writ to make Partition whereby such Proportion Part and Pur-part may be set out to him in Severalty of which said Writ of Execution Notice shall be given to the Occupier Tenant or Tenants of the said Manours Lands Tenements and Hereditaments at least Six Days before the Execution thereof and the same being after such Notice duly Executed and Returned and Final Iudgment thereupon Entred the same shall be good Binding and Conclusive to all persons whatsoever and to the several Rights Titles and Interests which they or any of them have or shall at any time Claim or pretend to have in any of the said Manours Lands Tenements and Hereditaments mentioned in the said Iudgment and Writ of Partition so Awarded as aforesaid although all persons concerned are not Named in the Proceédings thereupon nor the Title of the Tenants to the said Writ truly set forth Provided always Lhat if such Tenant or Tenants or person concerned or any of them against whom or their Right or Title such Iudgment by Default is given shall within the space of One Year after the First Iudgment Entred or in Case of Infancy Coverture Non sane Memorie or Adsence out of the Kingdom then within One Year after his her or their Return or the Determination of such Inability apply themselves by Motion to the Court where such Iudgments are Entred and shew good and probable matter in Bar of such Partition or that the Demandant hath not Title to so much as he hath so Recovered then and in such Case the Court may Suspend or Set aside such Iudgment and admit the Tenant or Tenants to appear and Plead and the Cause shall Proceéd according to Due Course of Law as if no such Iudgment had beén given And if the Court upon Hearing thereof shall Adjudge for the First Demandant then the said First Iudgment shall stand Confirmed and be good against all persons whatsoever Except such other persons as shall be Absent or Disabled as aforesaid and the person or persons so Appealing shall be Awarded thereupon to pay Costs or if within such time or times aforesaid the Tenants or persons Concerned Admitting the Demandant's Title Parts or Purparts shall yet shew to the Court any Inequality in the Partition the Court may Award a new Partition to be made in presence of all parties Concerned and if they will appear notwithstanding the Return and Filing upon Record of the former which said Second Partition Returned and Filed shall be Good Valid and Firm for ever against all persons whatsoever except as before Excepted And be it Enacted by the Authority aforesaid That no Plea in Abatement shall be admitted or received in any Sute for Partition nor shall the same be Abated by reason of the Death of any Tenant or Tenants thereunto And be it further Enacted by the Authority aforesaid That when the High-Sheriff by reason of Distance Infirmity or any other Hindrance cannot conveniently be present at the Execution of any Iudgment in Partition in such Case the Vnder-Sheriff in presence of Two Iustiecs of the Peace of the County where the Lands Tenements or Hereditaments to be Divided do lie shall and may proceéd to Execution of any Writ of Partition by Inquisition in due Form of Law as if the High-Sheriff were then personally present and the High-Sheriff thereupon shall and is hereby Enabled and Required to make the same Return as if he were personally present at such Execution And in Case such Partition be Made Returned and Filed he or they that were Tenant or Tenants of any of the said Messuages Lands Tenements or Hereditaments or any Part or Pur-part thereof before they were so Divided shall continue and be Tenant or Tenants for such Parts Set out severally to the respective Land-lords or Owners thereof by and under the same Conditions Rents Covenants and Reservations where they