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years, or other person who shall come into possession of any lands, &c., by, from, or under, or by collusion with any such tenant, shall wilfully hold over any lands, &c., after the determination of such term, and after demand made, and notice in writing given, for delivering the possession thereof by his landlord or lessor, [*or the person to whom the remainder or reversion of such lands, &c., shall belong] or his agent lawfully authorized, then such person shall, for and during the time he shall so hold over, or keep the person entitled out of possession, pay to the person so kept out, his executors, administrators, or assigns,t at the rate of double the yearly value of the lands, &c., so detained, for so long time as the same are detained, to be recovered in any court of record, by action of debt,f whereunto the defendant shall be obliged to give special bail; against the recovering of which penalty there shall be no relief in equity. This clause appears to be taken from the 11 And, c. 2, s. 1.
Ir. with such variations as are noted in the margin. And 11 G20.2.c. 19. the 11 Geo. 2. c. 19. s. 18. Eng. recites, that great in$. 18. Eng. 15 Geo. 2. c.8. conveniencies may happen to landlords, whose tenants S. 9. Ir. may have power to determine their leases, by giving noRemedu grainst tice to quit the premises by them holden, and yet refuienants giving sing to deliver up the possession, when the landlord hath notice to quit, and not deliver- agreed with another tenant for the same; and therefore ing possession.
enacts, that in case any tenant|| shall give noticeỹ of his intention to quit the premises by him holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at such time, then such tenant, his executors, or administrators, shall from thenceforward pay to the landlord or lessor double the rent or sum which he should otherwise hare paid; to be sued for, leried, and recovered at the same times, and in the same manner, as the single rent or sum, before the giving such notice, could be levied, &c.; and such double rent
* Those words not in 11 Ann. c. 2. Ir.
f “ Or to such person to whom the immediate reversion expectant upon tbe determination of such lease shall beling," here added in the 11 Ann, c. 2.
“ Or trespass” added in the 11 Ann. c. 2. ! " Having power to determine their leases by giving notice to quit, &c.," -20dad here in 15 Geo. 2. c. 8. Ir.
$ " In writing," by the 15 Ceo. & c. 9. Ir.
shall continue to be paid during all the time such tenant · shall continue in possession as aforesaid. T'he 15 Geo. 2.
c. 8. Ir. contains a similar clause, (s. 9.) but with such deviation as stated in the margin, as to the notice by the tenant being required to be in writing.
THE provisions of the several statutes which regard the parlementing or jurisdiction of the courts of equity in respect to mortga- mortgages in
the courts of law. ges, I shall reserve for a subsequent part of this work ; 7 Geo. 2. 6. 20. but so much of the 7 Geo. 2. c. 20. Eng. as relates to $. 1. Eng. the redemption of mortgages in the courts of law, is proper for this place. This statute recites, that mortgagees frequently bring actions of ejectment for the recovery of lands and estates to them mortgaged, and bring actions on bonds given by mortgagors to pay the money secured by such mortgages, and for performing the covenants therein contained, and likewise commence suits in courts of equity to foreclose their mortgagors from redeeming their estates; and the courts of law, where such ejectments are brought, have not power to compel such mortgagees to accept the principal monies and interests due on such mortgages, and casts, or to stay such mort
gagees from proceeding to judgment and execution in such actions, but such mortgagors must have ręcourse to a court of equity for that purpose; in which case likewise the courts of equity do not give relief until the hearing of the cause; and therefore enacts, that where any action shall be brought in any court of record at Westininster, (or in the court of great sessions in Wales, or in any of the superior courts in the counties palatine,] on any bond for the payment of money secured by mortgage, or performance of the covenants therein contained; or where any ejectment shall be brought by any mortgagee, and no suit shall be depending in equity for foreclosing or redeeming such mortgaged lands, &c.; if the person having right to redeem and who shall appear and become defendant, shall, pending such action, pay unto such mortgagee, or, in case of refusal, bring into court the principal and interest due on such mortgage, and all such costs as have been expended in any suits at law or equity upon such mortgage, (such principal, interest, and costs, to be ascertained by the court where such action is depending, or by the proper officer by such court to be appointed,) the monies paid to such mortgagee, or brought into such court, shall be in satisfaction of such mortgage; and the court shall discharge such mortgagor or defendant from the same, and shall by rule of court compel such mortgagee, at the costs of such mortgagor, to re-convey such mortgaged lands, and deliver up all writings in his custody, 'relating to the title. But by s. 3. this act shall not extend to any case where the persons against whom redemption shall be prayed, shall, (by writing delivered, before the money shall be brought into court, to the attorney or solicitor for the other side) insist, either that the party praying redemption has not a right to redeem, or that the premises are chargeable with other sums than what appear on the face of the mortgage; nor to any case where the right of redemption shall be controverted between different defendants; nor be any prejudice to subsequent mortgagees or incumbrancers. ' No statute in Ireland has provided
in in a similar manner for the more easy redemption of mortgages.
The statutes which respect the mode of acknowledging or becoming bound by the securities for money called statute merchant, and statute staple, or the recognizance in the nature of a statute staple, as well as the nature of the executions to be issued thereon, will be found in the chapters which treat of other recognizances and execucions. And the statute of Westm. 2. by authority of which the estate by elegit is acquired, seems also to be more properly referable to the chapter concerning executions.
Of Estates in Possession, Remainder, and
By the 10 & 11 W. 3. c. 16. Eng. where any estate Posthumous shall, by marriage or other settlement, be limited in re- children may
take as if born mainder to, or to the use of, the first or other son or sons in father's lifea of the body of any person lawfully begotten,* with remainder over to, or to the use of, any other person; or in c. 16. Eng.
8 Ann. c. 4. Ir remainder to, or to the use of, a daughter or daughters lawfully begotten, with remainder to any other person ; gotten" added born sons or daughters. The. 8 Ann. c. 4. Ir, is the 'cor
o be be.
here in 8 Ann. any son or daughter of such person, born after the de- c. 4. Ir. cease of the father, may take such estate, in the same manner as if born in the life-time of the father, although no estate be limited to trustees, after the decease of the father, to preserve the contingent remainder to such after
responding statute in Ireland. Remedy in cases". For the more effectual discovery of the death of per
Pie sons pretended to be alive, to the prejudice of those who to the prejudice claim estates after their deaths, the 6 Ann. c. 18. s. 1. of rem under man, &c. Eng. provides, that any person who shall have any claim
of 1 tenda
6 Aon. c.
to any remainder, reversion, or expectancy in any esg. 1. Eng.
tate, after the death of any person within age, married woman, or other person, upon affidavit made in chancery, by the person claiming such estate, of his title, and that he hath cause to believe that such minor, married woman, or other person, is dead, and that the death is concealed, may once a year move the Lord Chancellor to order such guardian, trustee, husband, or other person suspected to conceal such person, to proluce to şuch persons (not exceeding 2) as shall be named in such order by the party prosecuting such order, such minor, &c.; and if such guardian, &c., shall neglect or refuse to produce such infant, &c., on whose life such estate doth depend, according to the directions of this order, the court of chancery shall order such guardian, &c., to produce such minor, &c., in cøurt, or before commissioners, as the court shall direct, two of which commissioners shall be nominated by the party prosecuting; and in case such guardian, &c., shall neglect, &c., to produce such infant, &c., in court, or before such commissioners, whereof return shall be made by such commissioners, and filed in the petty bag office, the said minor, &c., so concealed, shall be taken to be dead, and it shall be lawful for any person claiming title after the death of such infant, &c., to enter upon such lands as if such infant, '&c., were dead. And by s. 2. if it shall appear to the court by affidavit, that such miuor, &c., for whose life such estate is holden, is at some certain place beyond tire seas, it shall be lawful for the party prosecuting such order, to send over, at his own: costs, the persons appointed by said order to view sucha: mino:, &r.; and in case such guardian, &c.,shall neglect, &ci, to produce to such persons a personal view of such infant, &c., such persons shall make a return of such neglect, which shall be filed in the petty lag, and thereupon such minor, &c., shall be