same and in every case where such eldest son shall be entitled as aforesaid by reason of his being a protestant, such real estate shall be chargeable with such sum for the maintenance and portions of the daughters and younger sons of such papist, as the court of chancery shall direct; such portions not to exceed 1-3d part of such estate. And by s. 13. such lands, &c., when and during such time as any protestant shall be seised thereof in fee-simple, or fee-tail, shall from such protestant be descendi-ible as at comble according to the rules of the common law.

s. 15.

Then descend

mon law.

6. Debts charging of pits to be in

estates of pa

rolled.

2 Ann. c. 6.

s. 1. Ir.

With respect to the debts of papists, the 2 Ann. c. enacted (s. 14.) that such as charged any real estate any papist besore the 1st February, 1703, should before the 1st June, 1704, be inrolled in the court of Exc. in s. 14. Ir. rolls to be kept in some public place to be appointed by said court, to which all persons might, at all seasonable times, resort and peruse the same; and in default of such inrolment the same should not charge any lands of such papist, while the same should belong to any protestant: and all such debts contracted after the 1st February, 1703, are thereby required to be in like manner inrolled within 6 months after the making thereof. And to prevent any evasion of the 2 Ann. the 8 Ann. c. 3. s. 1. Ir. enacts, 8 Ann. c. 3. that no papist shall, from the 10th May, 1709, be capable to take or receive any annuity chargeable on or af- Annuities, &c., fecting any lands, &c.; and that all judgments, and to charge land of papists conother securities to be made for the securing any such an- trary to 2 Ann. nuity, or performance of any private trust, for the benefit of such papist, so far as such judgments may affect any lands, &c., of papists, shall be void: But by s. 2. any papist to whom such annuity shall be granted, may, upon judgment obtained, take out execution against the person, or personal estate, of such grantor. By s. 6. all settlements, fines, recoveries, and other conveyances, Conveyances made since the 1st January, 1703, by any papists, or by made since 1st any protestants turned papists since the 1st January, to defe it rights 1703, or by any papist together with his then protestant of protestants wife who hath turned papist as aforesaid, whereby any protestants were barred of any estate in reversion or remainder, whereunto they were entitled at the time of such conveyance, were declared void; and such protestants

entitled

void.

s. 2.

8.6.

January, 1700,

avoided.

s. 7. & 8.

Saving for titles of pro

testants.

s. J.

Conveyances to elude the gavel ling clause soid.

entitled thereto, as if such fines, &c., had not been levied or made. Provided (s. 7. & 8.) that nothing herein should impeach any purchase or mortgage, estate or incumbrance, bona fide made for full and valuable consideration to any protestant; subject nevertheless to all debts charging such estate, as the same would have been liable to upon the descent thereof: but such protestant in remainder or reversion to have the right of redemption of such mortgage, &c. And by s. 9. the clause of the 2 Ann. by virtue of which lands were to descend in gavel-kind, or to the eldest son of any papist turning protestant, was declared to take effect from the 1st day of the session in which said act was made; and all conveyances, &c., made since the first day of that session to elude the said act were declared void. But by s. 10. conveyances after 21st September, 1703, and before 25th March, 1704, for good ances excepted. and valuable considerations of marriage or money bona fide paid, were excepted for the benefit of such bona fide purchasers, and of the parties to such marriage articles, and the issue of such marriages, and of such women as should have jointures settled upon them in consideration of such marriages. And by s. 27. all collateral and other securities to cover any conveyance contrary to the 2 Ann. sue for securi. c. 6. shall be void; and all lands, &c., so conveyed or ties passed with intent to evade leased contrary to said act, and all collateral securities to

s. 10.

Certain convey

s. 27.

Protestants may

these laws.

S. 30.

cover the same, may be sued for by any protestant by his proper action founded on this act, in any of her majesty's courts of law or equity; and the plaintiff or demandant in such suit, upon proof that such purchase or lease was made in trust for any papist, shall obtain a verdict and judgment, or decree thereupon, and shall have execution to be put into the possession thereof, according to the estate which such papist should, if qualified, have had therein; subject nevertheless to all rents, covenants, conditions, reservations, incumbrances, and portions, as the same would have been in the hands of such papist, or his trustee; and shall also have the benefit of all such collateral securities as the party to whom the same shall have been made might have had, if this act, or the 2 Ann. had not been made. And by s. 30. any protestant may prefer

.

s. 23.

Exception as to

conformed be

prefer a bill in the court of Ch. or Exc. against any And file bills for discovery person concerned in any such sale, lease, mortgage, of trusts for or incumbrance, and against all persons privy to any pupists. such trust for papists, and compel such persons to discover such trusts, and to answer all matters relating thereto; to which bill no plea or demurrer shall be allowed; which answers shall be evidence in all actions to be brought on this act; and all issues to be tried in any such actions or suits, shall be tried by none but known protestants. But by s. 28. with respect to such papists as purchased any estates or interests, other than such lands, &c., as were once vested in the trustees for the papists who sale of the forfeited estates, and afterwards divested out fore 25th Deof them and vested in other persons by any private act cember, 1709. of parliament in Great Britain; or who lent any money on mortgages, or purchased in any mortgages in the name of any persons in trust for them, (other than mortgages of such lands, &c., as before excepted) and became protestants before the 25th December, 1709, and inrolled certificates of the respective bishops of the diocesses in which they resided, in chancery, testifying their being protestants, and conforming themselves to the church of Ireland, &c., and made and subscribed the declaration, and took and subscribed the oath of abjuration in such manner as expressed in the 2 Ann. c. 6. and from the time of such conversion educated their children under the age of 14 in the protestant religion, the purchases, mortgages, leases, and other covenants and agreements made to any such papist, or in trust for them, were thereby declared to be as good and effectual as if they were protestants at the time of such purchases, &c. Provided (s. 29.) that nothing herein shall weaken the title of any protestant purchaser for valuable consideration, bona fide, from any person who purchased in trust for any testant purcha papist, or from any protestant deriving under such purThese several chaser, not having notice of such trust.

clauses which were calculated to defeat certain evasions of the 2 Ann. c. 6. seem proper to be adverted to, though of a temporary nature.

s. 29.

Rights of pro

sers saved.

The

Provision for wives of papists conforming.

8 Ann. c. 3. s. 14. Ir.

s. 15.

Who to be

ants.

2 Ann. c. 6. S. 15. Ir.

The clause of the 2 Ann. c. 6. Ir. has been already stated, which contained a saving for the right of the protestant wives of disabled papists, in respect to dower out of their estates: And lest the wives of papists should be deterred from renouncing the errors and superstitions of the church of Rome, the 8 Ann. c. 3. s. 14. Ir. provides, that if any woman being a papist at the time of her marriage with a popish husband, who hath power by any settlement making him tenant for life to limit a jointure on such wife, and yet shall not execute such power in his life-time, shall become a protestant, and inroll a certificate thereof from the bishop of the diocess, and receive the sacrament according to the usage of the church of Ireland; if such woman shall survive her said husband, she shall have such provision as the lord chancellor, upon a bill grounded on this act, shall think fit, not exceeding the power reserved in such settlement. And by s. 15. such popish wife becoming a protestant in the life-time of such popish husband, shall receive such share (not being otherwise provided for by virtue of any agreement before marriage, or by reason of dower or jointure, or other estate, charge, or interest, out of the freehold and inheritance of such husband, before or after such marriage) of the chattels, real and personal, whereof. said husband shall die possessed or entitled to, as the court of chancery shall, on a bill to be preferred by such widow, grounded on this act, think reasonable, not exceeding 1-3d part after debts and funeral charges, notwithstanding any will, or voluntary disposition, to be made by such popish husband to the contrary; or the statute of distribution 7 W. 3. c. 6. Ir. notwithstanding.

By the 2 Ann. c. 6. s. 15. Ir. no person shall take bedeemed protest-nefit by this act as a protestant, that shall not conform to the church of Ireland as by law established, and subscribe the declaration against transubstantiation, invocation of saints, and the sacrifice of the mass, and take and subscribe the oath of abjuration hereby prescribed. And 'by the 8 Ann. c. 3. s. 11. Ir. no person who hath turned or shall turn from the popish to the protestant religion, shall be deemed a protestant within the meaning of either of these acts, notwithstanding the procuring the certificate

8 Ann. c. S. s. 11. Ir.

c. 6. s. 3. next page.

Time for conforming enlarged.

c. 26. Ir.

New mode of

certificate of the bishop of the diocess, unless such person shall, if already converted, before the 25th December, 1709, or within 3 months after returning into the kingdom, or otherwise within 6 months after declaring himself a protestant, or within 6 months after attaining the age of 18, take the sacrament of the Lord's supper according to the usage of the church of Ireland, and make and subscribe the said declaration against popery, and take the said oath of abjuration contained in the 2 Ann. c. 6. and also file in chancery, or in some other of the 4 courts at Dublin, a certificate thereof, in like manner as the bishop's certificate is to be filed ;* for which * Vide 2 Ann. certificate 6d. shall be the fee. The time for such converts to perform said requisites was from time to time enlarged by the 1 Geo. 3. c. 13. 3 Geo. 3. c. 26. 5 Geo. 3. c. 15. 7 Geo. 3. c. 20. 17 & 18 Geo. 3. c. 36. 19 & 20 Geo. 3. c. 14. and 34 Geo. 3. c. 23. But the 21 & 22 21 & 22 Geo. 3. Geo. 3. c. 26. Ir. is an act for rendering the manner of conforming from the popish to the protestant religion conforming. more easy and expeditious, and accordingly provides that any person who shall be desirous of conforming, shall be deemed to be a protestant of the church of Ireland as by law established, if he shall on any Sunday in the year, in the time of divine service, take and receive from the hands of the minister or curate of any parish in this kingdom, the sacrament of the Lord's supper according to the usage of said church of Ireland; and shall before such minister, &c., in the house of such minister, &c., or at any other convenient place, make and subscribe the said declaration (against popery) contained in the 2 Ann. c. 6. and shall also take the oaths of allegiance, supremacy, and abjuration; (which declaration and oaths such minister, &c. is authorized and required to receive and administer,) and shall file in chancery a certificate under the hand and seal of such minister, &c., of his having performed the said several requisites; which certificate such minister, &c., shall grant without fee or reward; and for the filing of which certificate 6d. shall be the fee. Provided (s. 2.) that every certificate shall be so filed within 6 months after every person so conforming shall have so received the sacrament, or if such 2 K 2 person

s. 2.