By I. St. 10 G. 1, c. 5, ecclesiastics, tenants for life, &c., guardians and committees, are empowered to grant leases of mines, whether already opened or not, for thirty-one years. And as to coal mines, by I. St. 23 G. 2, c. 9, the term is extended to forty-one years. See further St. 46 G. 3, c. 71. More extensive powers of leasing to the Royal Mining Company only are given by I. St. 31 G. 3, c. 39.

By St. 56 G. 3, c. 55, powers of sale to the directors of all works relating to inland navigation are given to various limited proprietors.

By I. St. 8 G. 1, c. 5, for the purpose of straightening boundaries, lessees with the concurrence of reversioners, (entitled at least for their lives with remainder to their sons in tail male,) are empowered to make exchanges, and grant perpetual rent charges for their equalization. But the lands exchanged are not to exceed two acres, plantation measure, every one hundred perches (of twenty-one feet each) of the boundary line.

for

The general inclosure act does not appear to be adapted to Ireland, nor is that country included in the land tax redemption act.

By I. St. 38 G. 3, c. 72, the commissioners of the treasury, with the consent of the lord lieutenant, are empowered to sell certain rents and lands of the crown: but this statute is in part repealed by [ *509 ] St. 47 G. 3, Sess. 1, c. 16. See further I. St. 39 G. 3, c. 33; and especially St. 7 & 8 G. 4, c. 68.

By the bankrupt act of 6 G. 4, c. 16, the commissioners are empowered to dispose of the bankrupt's property in Ireland, as in all other parts of the King's dominions. But it is provided that the act shall not extend to Ireland, except where it is expressly mentioned. And the general bankrupt act now in force in that country is the I. St. 11 & 12 G. 3, c. 8, amended by I. St. 19 & 20 G. 3, c. 25, and made perpetual by I. St. 36 G. 3, c. 34.

The act for relief of insolvent debtors which is now in force in Ireland, is the St. 1 & 2 G. 4, c. 59, amended by 3 G. 4, c. 124, and continued for one year by 7 & 8 G. 4, c. 22.

By I. St. 21 & 22 G. 3, c. 20, the lands of accountants to the crown are charged with their present and future arrearages, as in England. The specialty debts of the ancestor to the crown are also made a charge on the land in the hands of the heir, whether he take them by descent or by settlement; and the king is empowered to sell the lands so charged by his letters patent. Further provisions on this subject are contained in I. St. 25 G. 3, c. 53; which also directs a commission to be issued from the Court of Exchequer to ascertain the debt, and makes an attested copy of this commission, and the finding under it, conclusive evidence of the amount.

CHAP. I.SECT. 4.

The two statutes of H. 8, relating to wills, are combined in the I. St. 10 Car. 1, Sess. 2, c. 2, and the restrictions in respect of tenure are removed by I. St. 14 & 15 Car. 2, c. 19. The provisions also of the Statute of Frauds are contained in I. St. 7 W. 3, *c. 12. And the [ *510 ] statute relating to the credibility of witnesses is copied in the

I. St. 25 G. 2, c. 11.

CHAP. I.-SECT. 5.

The St. 54 G. 3, c. 145, for taking away corruption of blood in certain cases, seems, from its nature, to extend to all the king's dominions; as does the St. 11 & 12 W. 3, c. 6, for enabling descents to be derived through aliens, with its amendment.

The provisions relating to jointures are contained in the Irish Statute of Uses.

CHAP. I.-SECT. 6.

By I. St. 10 Car. 1, Sess. 2, c. 7, a disseisin must be immediately followed by five years of quiet possession, or a subsequent descent will not take away the entry of the person who has a right.

The Statutes of Limitation of H. 8 and Jac. 1, are incorporated in I. St. 10 Car. 1, Sess. 2, c. 6; but actions grounded on the party's own seisin are limited to twenty years. There is also a saving of church property.

By I. St. 8 G. 1, c. 4, where any claimants of lands, &c., or those under whom they claimed, had not been in possession within twenty years before the 12th of September 1721, they were required to sue within five years from that day, or from their right of action accrued, or from the removal of disabilities: but the rights of the crown were saved. These have not been subjected in Ireland to any general limitation until the St. 48 G. 3, c. 47, placed the two countries on the same footing in this respect.

The I. St. 6 Ann. c. 10, s. 16, relating to claims and entries for avoiding fines, &c. corresponds to the English Statute of 4 Ann. c. 16, s. 16.

The Land Tax Acts and Poor Laws have not been extended to Ireland.

The last General Stamp Act for Ireland, is the St. 56 G. 3, c. 56; the question whether this or the English Act shall be applicable, depends upon the situation of the property, and not on the place where the deed is executed. See St. 1 & 2 G. 4, c. 55, and 3 G. 4, c. 117, s. 5.

There is (it is believed) no Irish Statute relating to the copies of bargains and sales.

By I. St. 9 G. 2, c. 5, amended and made perpetual by I. St. 1 G. 3, c. 3, the recital of the lease in the release is in all cases sufficient evidence; and in pleading a lease and release, it is only necessary to produce the latter.

By I. St. 35 G. 3, c. 12, Acts of Parliament commence their operation (unless otherwise provided) from the day of their receiving the royal assent, which is written on the roll.

By I. St. 35 G. 3, c. 39, grants of Irish lands by patent under the Great Seal of England are declared to be as valid as if made under the Great Seal of Ireland.

By I. St. 12 Eliz. c. 2, exemplifications of records are of the same force as the originals.

By I. St. 10 Car. 1, Sess. 2, c. 10, fines and recoveries are not to be reversed for want of form in words, &c.

By I. St. 4 G. 1, c. 10, writs of error for reversing fines and recoveries must be brought within ten years from their completion, or five years from the removal of disabilities; and, by I. St. 6 G. 1, c. 6, other writs of error within twenty years from the *judgment, or five years [ *412 ] from the removal of disabilities.

In Ireland the words Mountain, Bog, Town, Quarter, are good general descriptions. Cottingham v. King, 1 Burr. 623; Massey v. Rice, Cowp. 346.

By I. St. 15 Car. 1, c. 6, all patents granted under commissions of grace are to be construed favourably to the patentees.

The Irish Registry Act (I. St. 6 Ann. c. 2, as amended by I. St. 8 Ann. c. 10; 8 G. 1, c. 15; and 25 G. 3, c. 47,) agrees in general with the St. 6 Ann. c. 35, for the East Riding of Yorkshire. The difference relating to equitable rights will be noticed in its proper place. The act does not extend to leases not exceeding twenty-one years, and attended with possession. The register it seems, ought to contain not only the date of the deed, but the time of its being perfected.

Where a will is contested, &c. it is not required that in the interim a memorial of that fact should be registered. By I. St. 8 Ann. c. 10, amended by I. St. 8 G. 1, c. 15, a certificate of the discharge of a mortgage may be entered, to remain upon record. And by the latter statute amended by I. St. 25 G. 3, c. 47, the registrar is directed to give negative certificates, specifying all and the only instruments which appear on the register during any given period.

Where deeds relating to Irish property are executed in Great Britain, the mode of registering them at Dublin is now regulated by St. 3 G. 4,

c. 116.

By I. St. 5 G. 2, c. 4, s. 10, no instrument by a tradesman, charging any of his effects after his death for his widow or children, shall be valid against creditors, unless registered in four months.

By I. St 33 G. 2, c. 14, conveyances by bankers (except leases for [ *513 ] not more than three lives or thirty-one years at rack rent) are void against creditors, unless registered within one calendar month, or if executed out of Ireland, within three.

By I. St. 26 G. 3, c. 23, freeholds do not give the right of voting for the representation of the county, unless registered with the clerk of the peace six calendar months before the election. See further St. 57 G. 3, c. 131; 4 G. 4, c. 36 & 55.

There seems to be no legislative provision for parish registers in Ireland.

CHAP. II. SECT. 1.

The limitation of formedons to twenty years, is contained in the I. St. 10 Car. 1, Sess. 2, c. 6.

CHAP. II. SECT. 2.

By I. St. 6 Ann. c. 10, s. 19, warranties by tenant for life, and colla

teral warranties by an ancestor having no estate of inheritance in possession, are made void against the heir.

By I. St. 21 G. 2, c. 11, the tenant to the præcipe may be created at any time during the term. And by the same statute, as also by I. St. 8 G. 1, c. 6, s. 12, leases for lives, with rent reserved, are no obstacle to the recovery. The I. St. 21 G. 2, c. 11, also contains provisions similar to those in the English Act, to supply the loss of the deed or of the recovery roll; but future deeds, to be evidence of a recovery, must be acknowledged before a Justice of the Court of Common Pleas, and inrolled there.

By 1. St. 10 Car. 1, Sess. 2, c. 8, a fine, with proclamations by tenant in tail, bars the entail as in England. The English Statute of 11 H. 7, c. 20, *against the widow's alienation, is also made an Irish law; and the act does not extend to gifts from the crown. [ *514 ] By I. St. 10 Car. 1, Sess. 3, c. 6, tenant in tail may make leases for 41 years or three lives, under the like conditions as in the English Statute.

CHAP. III.-SECT. 1.

The I. St. 7 W. 3, c. 12, contains the provision of the Statute of Frauds relating to estates pur autre vie.

The I. St. 7 W. 3, c. 8, if the cestui que vie be beyond sea, or absent himself within the realm, for seven years, he may be presumed dead, if no proof to the contrary; but if he return, the tenant is to be reinstated, and recover the mesne profits.

By St. 7 G. 4, c. 29, some general restraints are imposed upon assignments and demises by leases.

CHAP. IV.-SECT. 1.

The I. St. 8 Ann. c. 4, is identical with the English Statute for vesting remainders in posthumous children.

CHAP. V.-SECT. 1.

By I. St. 10 Car. 1, Sess. 2, c. 4, covenants and conditions, between landlord and tenant, are made to run with the land on both sides.

By I. St. 17 & 18 Car. 2, c. 11, made perpetual by I. St. 7 W. 3, c. 7, extents are not to be avoided because part of the land which was liable has been omitted; but the right of contribution between its several owners is saved. See further I. St. 26 G. 3, c. 31.

*By I. St. 8 G. 1, c. 4, the lapse of twenty years since the last payment of interest, &c. is made a bar to actions and suits on bond, judgment, statute, or recognizance.

[ *515 ]

By I. St. 8 G. 1, c. 6, s. 8, officers of the four Courts at Dublin are directed to give negative certificates of judgments, statutes and recognizances, and made answerable for their accuracy.

The provisions of the Statute of Frauds relating to judgments, executions, &c., are contained in I. St. 7 W. 3, c. 12; and as to dockets, see I. St. 3 G. 2, c. 7, made perpetual by I. St. 13 & 14 G. 3, c. 42.

By

I. St. 9 G. 2, c. 5, and 25 G. 2, c. 14, both made perpetual by I.

St. 11 & 12 G. 3, c. 19, assignees of judgments and statutes (the assignment being entered on the Roll) may sue execution or bring actions of debt, in their own names.

By I. St. 21 & 22 G. 3, c. 20, all obligations concerning the King are to have the effect of statutes staple; but the lands of the obligors, when they come into the hands of the other persons, are to be liable "wholly and entirely and in no ways severally." The lands of accountants to the Crown are also made liable as by statute staple from their entry upon office, &c.

The 1. St. 4 Ann. c. 5, answers to the English Statute of Fraudulent Devises.

CHAP. V. SECT. 3.

The provisions of the Statute of Frauds relating to nuncupative wills are contained in the I. St. 7 W. 3, c. 12.

The principal enactments of the English Statutes of Distribution are contained in I. St. 7 W. 3, c. 6.

[ *516 ]

By St. 58 G. 3, c. 81, probate is not to be granted *by the Ecclesiastical Courts in Ireland to an executor while under twenty-one years of age.

CHAP. VI.-SECT. 1.

By I. St. 14 & 15 Car. 2, c. 10, military tenures are abolished, and testamentary guardianships introduced.

By 1. St. 10 Car. 1, Sess. 2, c. 6, advowries are limited to 40 years.

CHAP. VI.-SECT. 2

By virtue of several statutes the remedies for recovery of rents in Ireland are now almost in all particulars the same as in England. In some respects indeed the former country has the advantage. Thus by I. St. 25 G. 2, c. 13, where the double value, to be exacted from a tenant who continues his occupation after notice to quit given to him, is under 20%.; and by St. 56 G. 3, c. 88, amended by St. 58 G. 3, c. 39 & St. 1 G. 4, c. 41, where the rent is under 50%. and a whole year's rent is due; the amount may be recovered by the summary process of civil bill. And by I. St. 8 G. 1, c. 2, upon ejectment against a tenant for non-payment of rent, a mortgagee of the lease, though not in possession, if he do not pay the arrears and costs within nine months, is barred; also by I. St. 5 G. 2, c. 4, the landlord may bring ejectment wherever a year's rent is due, though there be no clause of re-entry in the lease. And by I. St. 25 G. 2, c. 13, he may either distrain or bring ejectment, though the tenant's possession be not referable to an actual demise. Provision is made for relief against unlawful or excessive distresses by St. 7 & 8 G. 4, c. 69.

[ *517 ]

By I. St. 6 Ann. c. 10, and 15 G. 2, c. 8, the law of attornments is reduced to the like state as in England. The clauses relating to rents in the Statute of Uses are contained in I. St. 10 Car. 1, Sess. 2, c. 1.