S. 2. nation of the lessees" in Ir. s. 3. s. 4. Evidence of re be as effectual as if such lessees had conveyed, or joined in conveying, a good estate of freehold to the tenants to such writs of entry, &c. But by s. 2. nothing in this act shall make any common recoveries valid unless the person entitled to the first estate for life, or other greater estate, (in case there be no such estate for life) in reversion, or remainder, next after the expiration [*of such leases]," or determihas by some lawful act conveyed, or joined in conveying, estate or intean estate for life to the tenants to the writs of entry, or rest of such other writs, whereupon such common recoveries shall be 21 Geo. 2. c.1L suffered. And by s. 3. nothing in this act shall prejudice the estate of such lessees, or any person claiming under such lesees. By s. 4. where any person shall purchase for a valuable consideration any estate in lands, &c. whereof a recovery is necessary to be suffered to complete the title, covery after 20 such person, and all claiming under him, having been in years. possession from the time of such purchase, may, after 20 years from such purchase, produce in evidence the deed making a tenant to the writ of entry, or other writ for suffering a common recovery, and declaring the uses of a recovery; and the deed so produced (the execution thereof being proved) shall be deemed good evidence for such purchaser, and those claiming under him, that such recovery was suffered according to such deed, in case no record can be found of such recovery, or the same shall appear not to be regularly entered on record ;* provided the person making such deed, and declaring the uses, &c. had a sufficient estate and power to make a tenant to such writ, and to suffer such common recovery. And by s. 5. every common recovery shall, after 20 years from the suffering thereof, be deemed S.à. Proof of deel making tenant, to the præcine valid, [†if it appears upon the face of such recovery that there was a tenant to the writ; and] if the per- dispensed with. sons joining in such recovery had a sufficient estate and power to suffer the same, notwithstanding the deed making the tenant to the writ should be lost, or not appear. And By the 21 Geo. 2. c. 11. s. 6. Ir. no deed shall be evidence of any recovery, unless such deed be acknowledged before one of the judges of the common pleas, and inrolled in said court within 6 months after the execution of such deed. This clause omitted in the 21 Gec. 2. c. 11. Ir. s. 6. When the deed nant to the torit S. 8. And by s. 6. every recovery shall be valid, notwithstanding the fine, or deed making the tenant to such writ, making the te- should be levied or executed after the time of the judgmay be executed, ment given in such recovery, and the award of the writ of seisin, provided the same appear to be levied or executed before the end of the term, [+great session, session, or assizes,] in which such recovery was suffered, and the persons joining in such recovery had a sufficient estate and power to suffer the same. [+But by s. 8. nothing in this act shall prejudice any question of law which may arise upon common recoveries not remedied by this act; but all such common recoveries shall be of such force as the same would have been if this act had never been 21 Geo.2. c.11. made.] The 21 Geo. 2. c. 11. Ir. has followed this statute with such deviations as are noted in the margin. 8 Geo. 1. c. 6. And the 8 Geo. 1. c. 6. s. 12. Ir. had previously provided, that where any lease for life or lives should be made of any lands, &c. reserving rent, it should be lawful for the person to whom the reversion or remainder on such lease should belong, to grant such estate in reversion, &c. for life of such person as he should intend to make tenant to the præcipe; and thereupon a præcipe might be brought, and a common recovery suffered, which should bind and bar the tenant and vouchee in such recovery, and the persons in reversion and remainder, as if such lease had never been made. Ir. s. 12. Ir. Recoverers may distrain, &c. as those against By the 7 Hen. 8. c. 4. Eng. recoverers in recoveries, their heirs and assigns, may distrain for rents, services, whom the reco- and customs, and make avowry, or justify the same, as veries are. Eng. 33 Hen. 8. st. 1. c. 13. Ir. 7 Hen. 8. c. 4, those against whom the recovery is had should have done, if the recovery had not been had; and also have quare impedit for any advowson of which disturbance be made; which remedies this statute recites they could not have had by the course of the common law. The 33 Hen. 8. st. 1. c. 13. Ir. is the corresponding Irish statute. And on the other hand to protect tenants against recoveries had upon feigned and untrue titles, by craft and cunning, 21 Hen. S. c.15. to put termors from their terms, the 21 Hen. 8. c. 15. Eng. Eng + These clauses within the crotchets omitted in the 21 Geo. 2, c, 11. Ir. Eng. provides, that all termors may falsify, for their Termors may term only, such recoveries, as a tenant of the freehold falsify recove might by the course of the common law, where such tenant was neither privy nor party to such recovery; and that such termors, their executors and assigns, notwithstanding such recoveries, shall hold their leases against such recoverers, their heirs and assigns, as if such recoveries had not been suffered and such recoverers, their heirs and assigns, shall have like remedy against said termors, their executors and assigns, by avowry or action of debt, for the rents and services reserved upon such leases, and also like action against them for waste done after such recoveries, as the said lessors might have had if such recoveries had never been had. And by s. 2. no statute of the staple, statute-merchant, nor execution by elegit, shall be avoided by any such feigned recovery; but all persons entitled to have execution of any lands, &c. by any such means, shall have like remedy to falsify such recoveries, as above provided for lessees for years. The 33 Hen. 8. st. 1. c. 11. Ir. is a transcript of this 33 Hen. 8. st. 1. statute. s. 2. c. 11. Ir. By the 4 Ann. c. 16. s. 15. Eng. all declarations or Declarations of creations of uses or trusts of any fines or recoveries, by and recoveries, trusts of fines any deed made, by the party who is enabled to declare though made after, good. such uses, &c. after the levying or suffering of any 4 Ann. c. 16. such fines or recoveries, shall be as good and effectual in $ 15. Fng. law, as if the statute of Frauds (29 Car. 2. c. 3.*) had s. 15. kr. not been made. The 6 Ann. c. 10. Ir. contains a simi lar provision. 6 Ann. c. 10. * Vide page 537. VOL. 1. 2 P CHAP. CHAP. XV. Of Alienation by Special Custom. Fème coverts and infants may BY Y the 9 Geo. 1. c. 29. Eng. where any person under be admitted to the age of 21 years, or feme covert, shall be entitled, copyhold estates by descent, or surrender to the use of a last will, to be or guardians. admitted tenant of any copyhold lands, &c. such infant or 9 Geo. 1. c. 29. feme covert, in their proper persons, or such feme covert by their attornies Eng. 3. 2. Fines of admis. sion how reco @erable, by her attorney, or such infant by his or her guardian, and in case he or she shall have no guardian, then by his or her attorney (for which purpose they are empow ered by writing to appoint attornies) shall appear at one of the 3 next courts which shall be kept for such manor, whereof such tenements shall be parcel, and shall there tender themselves to be admitted tenants; and in default of such appearance, and of acceptance of such admittance, the lord or his steward, after 3 courts held, and proclamations made, may nominate at any subsequent court, any fit person to be guardian or attorney for such infant or feme covert, for that purpose only; and by such guardian or attorney may admit such infant or feme covert, and impose such fine as might have been imposed if such infant had been of full age, or such feme covert unmarried. And by s. 2. the fine set thereon may be demanded by the bailiff or agent of the lord, by a note signed by the lord or his steward, to be left with such infant or feme covert, or with the guardian of such infant, or husband of such feme covert, or with the tenant of the tenements to which they were admitted; and if the fine be not paid to the lord or his steward, within 3 months after demand, the lord may enter upon such copyhold s. 3. s. 4. husbands may copyhold lands, &c. and hold the same, and receive the rents, (but without liberty to fell any timber) till by such rents he be paid the fine, with all reasonable costs and charges, although such infant or feme covert happen to die before such costs and fine be raised; of which rents received the lord shall yearly on demand render an account, and pay the surplus to such persons as shall be entitled. By s. 3. as soon as such fine and costs shall be satisfied, or if after such seizure and entry the fine and costs, &c. shall be tendered, then such infant or feme covert, or other person entitled, may enter and take possession; and if the lord, after the fine and costs, &c. satisfied, or tendered, shall refuse to deliver possession, he shall be liable to make satisfaction for all damages and costs. And by s. 4. where any infant or feme covert shall be admitted to any copyhold lands, &c. if the guardian of such infant, or husband of such fème covert, shall pay the lord Guardians br the fine and costs, then the guardian or the husband, their reimburse thems executors or administrators, may enter into and hold the said copyhold lands, &c. and receive the rents till they be satisfied all the money they shall disburse on the ac count aforesaid, notwithstanding the death of such infant or feme covert. By s. 5. no infant or feme covert shall forfeit any copyhold lands, &c. for neglect or refusal to come to any court, and be admitted; nor for the omission or re- infants, &c. fusal to pay any fine imposed on their admittance. And for not paying fines, &c. by s. 6. if the fine imposed in any of the cases before mentioned, shall not be warranted by the custom of the manor, such infant or feme covert shall be at liberty to controvert the legality of such fine, as if this act had not been made. By the 5 Geo. 3. c. 46. s. 7. Eng. as amended by the 6 Geo. 3. c. 40. s. 3. & 4. Eng. if any steward or other officer of any copyhold court shall receive any fee for any surrender, admittance, grant, or lease, or any other Steward to re 5 selves. s. 5. No forfeiture by s. G. Geo. 3. c. 46. s. 7. Eng. 6 Geo. 3. c. 40. s. 3. & 4. Eng. ceive stamp within a year copy of any court-roll, without demanding and receiving duty; and dethe stamp duty thereon, and delivering such surrender liver surrender to the party entitled thereto as soon as the same can be prepared and made out after receiving the fee and stamp duty, he shall forfeit £10. And such steward, &c. shall |