Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	life_n	tenant_n	3,445	5	9.8930	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

are or shall be so Divided and the Land-lords and Owners of the several Parts and Pur-parts so Divided and Allotted as aforesaid shall Warrant and make good unto their respective Tenants the said several Parts severally after such Partition as they are or were bound to do by any Copy Lease or Grant of their respective Parts before any Partition made and in Case any Demandant be Tenant in Actual Possession to the Tenant to the Writ or Action for his Part and Proportion or any Part thereof in the Messuages Lands Tenements and Hereditaments to be Divided by Virtue of a Writ of Partition as aforesaid for any Term of Life Lives or Years or uncertain Interest the said Tenants shall stand and be Possessed of the said Pur-parts and Proportions for the like Term and under the same Conditions and Covenants when it is set out in severalty in pursuance of this or any other Act Statute or Law to that purpose And be it further Enacted by the Authority aforesaid That the respective Sheriffs their Vnder-Sheriffs and Deputies and in Case of Sickness or Disability in the High-Sheriff all Iustices of the Peace within their respective Divisions shall after convenient Notice give Due Attendance to the Executing such Writ of Partition unless reasonable Cause be shewn to the Court upon Oath and then Allowed of or otherwise be liable every of them to pay unto the Demandant such Costs and Damages as shall be Awarded by the Court not exceéding Five pounds for which the Demandant or Plantiff may bring his Action in any of His Majesty's Courts of Record at Dublin wherein no Essoyn Protection Priviledge or Wager of Law shall be Allowed or more then One Imparlance And in Case the Demandant do not Agreé to pay unto the Sheriff or Vnder-Sheriff Iustices and Iurors such Feés as they shall respectively Demand for their pains and Attendance in the Execution of the same and Returning thereof then the Court shall Award what each person shall Receive having respect to the Distance of the place from their Respective Habitations and the time they must necessarily spend about the same for which they may severally bring their Actions as aforesaid Provided that this Act shall continue in force for Seaven Years and from thence to the end of the next Session of the next Parliament and no longer And whereas many Inconveniencies and Law-Sutes have heretofore Arisen and may hereafter Arise by Reason the Bounds of the several Proprieties of Lands within this Kingdom are not sufficiently Distinguished by certain and known Mears For prevention whereof and for the better carrying off the Water and Draining the Bogs and wet Lands and Improving the same Be it Enacted by the Authority aforesaid That where the Mears of Lands betweén Propriety and Propriety have or shall hereafter be set out or Assertained by a Writ of Partition Perambulation or otherwise the same shall at Equal Charge of the Proprietors thereof or their Tenants be Inclosed with good Ditches where Earth sufficient may be had to make the same and therein one or two Rows of Quick-sets shall be Planted and where Earth shall be wanting such other Fences shall be made as the nature of the Soil shall permit And where Lands are Leased for a long term it may seém Vnequal to lay the Charge of such Ditches and Fences on the Landlords Be it therefore Enacted that where Lands are Held in Feé-farm or for Lives Renewable for ever or for a Term of Sixty Years to run from the Sixth Day of November One thousand Six hundred Ninety seaven there the Charge of making the Mears or Fences as aforesaid shall be intirely born by the Tenant and where Lands are Leased for Lives wherein Threé Lives shall be Current or for Years where Twenty One Years shall be Vnexpired at or upon the said Sixth day of November One thousand Six hundred Ninety seaven there the said Mears shall be Inclosed at the Equal Charge of Landlord and Tenant and where Lands are Leased for any lesser time or Term the Bounds shall be Inclosed at the Sole Charge of the Landlord Provided That nothing in this Act Contained shall be Taken or Construed to be Taken to make Void any Covenants heretofore made betweén Landlord and Tenant Relating to the Inclosing of Mears And be it further Enacted by the Authority aforesaid That whatsoever person or persons Chargeable by this Act with the Fencing and Closing of their Bounds as aforesaid who shall not have Actually done the same within Six Months after such Partition made shall Forfeit for his or their neglect One Year's Value of the said Land One Moyety thereof to the use of the Poor of the Parish where such Lands shall lie and the other Moyety to him or them that will Sue for the same And if the person or persons Chargeable with the Inclosing his Mears as aforesaid shall further neglect to do the same within One Year he or they so Offending against this Act shall Forfeit Two Years Value of the said Lands to be Paid and Recovered in manner aforesaid And it is hereby further Enacted by the Authority aforesaid That all Mearing Fences Ditches and Drains made or hereafter to be made be and shall from time to time and at all times hereafter at the Equal Charge of the Tenants and Occupiers of the said Lands be kept open Scoured and Cleansed that the Water may not stand but pass away and that whatsoever person or persons shall refuse or neglect to do the same shall Forfeit for such refusal and neglect One Year's Value of the said Land to be Recovered in such manner and to such Vses as is herein before Expressed FINIS

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 joynt-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