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LEASES FOR LIVES ACT 1777
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CHAP. XLIX.
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An Act for the Relief of his Majesty’s Subjects of this Kingdom professing the Popish Religion.
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To relax the disabilities on Roman Catholicks by 2 Anne c. 6. and 8 Anne c. 3.
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Papists subject to proviso herein, may take leases not exceeding 999 years certain, or determinable on lives not exceeding 5.
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Rent reserved bona fide in money,
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with or without waste,
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disposed of by will or otherwise,
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lands of papists descendable, deviseable, and transferable, as if in seizin of any other.
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WHEREAS by an act made in this kingdom in the second year of her late Majesty Queen Anne, entitled, An act to prevent the further growth of popery, and also by another act made in the eighth year of her said reign for explaining and amending the said act, the Roman Catholicks of Ireland are made subject to several disabilities and incapacities therein particularly mentioned: and whereas from their uniform peaceable behaviour for a long series of years it appears reasonable and expedient to relax the same, and it must tend not only to the cultivation and improvement of this kingdom, but to the prosperity and strength of all his Majesty’s dominions, that his subjects of all denominations should enjoy the blessings of our free constitution, and should be bound to each other by mutual interest and mutual affection: therefore 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 the authority of the same. That from and after the first day of August one thousand seven hundred and seventy eight it shall and may be lawful to and for any papist, or person professing the popish religion, subject to the provisoe hereinafter contained as to the taking and subscribing the oath and declaration therein mentioned, to take, hold, and enjoy any lease or leases for any term or terms of years, not exceeding nine hundred and ninety nine years certain, or for any term of years determinable upon any number of lives, not exceeding five, provided always, that upon every such lease a rent bona fide to be paid in money shall be reserved and made payable during such terms with or without liberty of committing waste as fully and beneficially to all intents and purposes, as any other his Majesty’s subjects in this kingdom, and the same to dispose of by will or otherwise as he shall think fit; and all lands, tenements, and hereditaments, whereof any papist or person professing the popish religion is now seized or shall be seized by virtue of a title legally derived by, from, or under such person or persons, now seized in fee simple or fee tail, whether at law or in equity, shall from and after the time aforesaid be descendable, deviseable, and transferable, as fully, beneficially, and effectually, as if the same were in the seizin of any other of his Majesty’s subjects in this kingdom.
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May take such estates notwithstanding z Anne c. 6. 8 Anne c. 3. or any other law.
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II. And be it further enacted by the authority aforesaid, That all papists or persons professing the popish religion shall and may from and after the time aforesaid be to all intents and purposes capable to take, hold, and enjoy all or any such estate or estates, which shall descend, or be devised, or transferred as aforesaid, any thing contained in the said acts of the second or eighth of queen Anne, or in any other statute or law, to the contrary in any wise notwithstanding.
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No benefit by this act, unless by 1st January 1779, or previous to such lease, or 6 months after devise, descent, or limitation takes effect if in the kingdom, or after disability removed, the oath and declaration by 13 & 14 G. 3. c. 35. taken in one of the four courts, or sessions for Dublin, or judges of assize.
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III. Provided, That no papist or person professing the popish religion shall take any benefit by this act, unless he or she shall on or before the first day of January one thousand seven hundred and seventy nine, or some time previous to any such lease made to or in trust for him, if he or she shall be in this kingdom, or within six months after any devise, descent, or limitation shall take effect in possession, if at that time within this kingdom, or if then abroad beyond the seas, or under the age of twenty one years, or in prison, or of unfound mind, or under coverture, then within six months after his or her return from abroad, or attaining the age of twenty one years, or discharge from prison, or becoming of sound mind, or after the shall become a Some Sole, take and subscribe the oath of allegiance and the declaration prescribed by an act passed in this kingdom in the thirteenth and fourteenth years of his present Majesty’s reign entitled, An act to enable his Majesty’s subjects of whatever persuasion to testify their allegiance to him in some one of his Majesty’s four courts in Dublin, or at the quarter sessions of the peace for the county of Dublin, or before the going judges of assize in open court; which oath the judges presiding in the said court, the chairman of the said sessions, and the said judges of assize, are hereby empowered and required to administer.
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Their names, &c inrolled,
transmitted yearly to Rolls Office.
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IV. And be it enacted by the authority aforesaid, That the names of such persons, as shall so take and subscribe the said oath and declaration, with their titles and additions, shall be entered upon rolls for that purpose to be appointed by the said respective courts, and that the said rolls once in every year be transmitted to and deposited in the rolls office of this kingdom to remain amongst the records.
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No maintenance or portion to a child of papists an a bill as by 2 Anne c. 6 f. 3. out of personal property, save leases taken under this act.
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V. And be it enacted by the authority aforesaid, That no maintenance or portion shall be granted to any child of a popish parent, upon a bill filed against such parent pursuant to the aforesaid act of the second of Queen Anne, out of the personal property of such papist, except out of such leases which they may hereafter take under the powers granted in this act, any thing contained in any act or statute to the contrary in any wise notwithstanding.
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Conformity of eldest son, as by 2 Anne c. 6. f. 3. or other act, shall not alter popish parents estate.
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VI. And whereas by an act made in this kingdom in the second year of the reign of her late Majesty Queen Anne, entitled, An act to prevent the further growth of popery, it is amongst other things enacted to the effect following; in case the eldest son and heir of a popish parent shall be a protestant, that from the time of the enrolment in the chancery of a certificate of the bishop of the diocese, testifying his being a protestant and conforming himself to the church of Ireland as by law established, such papist parent shall become and be only tenant for life of all the real estate, whereof such popish parent shall be then seized in fee tail or fee simple, and the reversion in fee shall be vested in such eldest son, being a protestant subject, as in the said act is mentioned: and whereas it is found inexpedient to continue any longer that part of the said recited act: be it enacted by the authority aforesaid, That from and after the first day of November one thousand seven hundred and seventy eight the conformity of the eldest son, and the filing of the bishop’s certificate, and performing the requisites by that act or any other act required in that respect, shall not affect or alter the estate of any popish parent by making such popish parent become tenant for life, or by vesting a reversion or estate in such eldest son; but such popish parent shall remain seized and possessed of the same estate and interest in all and every his or her real estate, as he or she would have been, if such eldest son had not conformed, or the said act of the second of Queen Anne had not been made.
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Not to affect right of such eldest son conforming before.
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VII. Provided always, That nothing herein contained shall affect or be construed to affect the right, title, claim, or estate of any eldest son and heir of a popish parent, who has or at any time before the passing of this act shall have conformed in such manner, as is by the aforesaid part of the said act directed, or of any person deriving by, from, or under such eldest son and heir of such popish parent; any thing herein to the contrary thereof contained in any wise notwithstanding.
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Titles not litigated before 1st November 1778.
or deriving under marriage settlement or valuable consideration, by papists in possession,
enjoyed as if said acts not made.
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VIII. And be it enacted by the authority aforesaid, That all and every person and persons, being in the actual possession of any lands, tenements, or hereditaments under titles, which shall not have been litigated before the first day of November one thousand seven hundred and seventy eight, whether derived by descent, devise, limitation, or purchase, and all persons deriving under settlements made upon marriages or other valuable consideration by papists in possession, shall have, take, hold, or enjoy the same, as if the said acts of the second and eighth of queen Anne, or any thing therein contained, had not been made.
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Not to affect rights vested, and suit instituted and prosecuted,
or former conveyance by papist to a protestant.
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IX. Provided always, That nothing herein contained shall extend or be construed to affect any right, claim, or title already vested, upon which any action or suit is now depending, or shall be instituted before the first day of November one thousand seven hundred and seventy eight, and prosecuted with effect and without delay; and that all and every conveyance, heretofore made by any papists or persons professing the popish religion to any protestant for the use of a protestant, shall be as valid and effectual, as if such conveyance was made by a protestant.
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No benefit to convert relapsing,
or protestant becoming papist,
or educating children under 14 papists.
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X. Provided also, That no person shall take benefit by this act who having been converted from the popish to the protestant religion shall afterwards relapse to popery, nor any person being a protestant who shall at any time become a papist, or shall educate, or suffer to be educated, any of his children under the age of fourteen years in the popish religion.
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Power to lease for years determinable on lives as in settlements, subject to every restriction therein.
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XI. And be it enacted by the authority aforesaid, That any person or persons, who have power under settlements to make leases for one or more life or lives, may and shall have the like power to let for any number of years determinable on one life or such number of lives as in their respective settlements mentioned and agreed upon in respect of such power, subject however to all and every other provisoe, condition, and restriction in said settlements contained concerning such leases.
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