shall be in any manner affected or impeached on account of the not making such demand as aforesaid of the said rent, after the ascertaining thereof, in manner aforesaid, nor shall it be necessary hereafter to make such demand:

any

§. 2. Provided always, that,' Nothing herein contained shall in sort affect any suit either at law or in equity which hath been instituted, and is now depending for the purpose of defeating any eviction of any lease under the said recited acts of parliament, or any of them, on account of the omission of making such a demand as aforesaid; but the plaintiff or plaintiffs in such suits may, if they think fit, proceed therein; and the said question in such suit or suits shall be determined according to the true construction of the said recited acts of parliament; any thing in this act to the contrary thereof, in any wise notwithstanding.

Writ of Error.

No. XLIV.-8 Geo. I. Ir. c. 2. §. 3. a

§. 3. And be it further enacted

that,' Notwithstanding any

writ of error to reverse any judgment obtained in any ejectment
brought by vertue of this present act, or of the said former act, (b)
execution shall issue and be executed, unless the party that brings
such writ of error shall, within four days after such writ of error
shall be tendered, pay into the court where such judgment was
obtained all such sums as shall appear to be due for the rent of the
lands for which such ejectment was brought, together with full costs
of suit: which sums the judges of the court, where the said judg-
ment was obtained, shall order to be paid over to the lessor in eject-
ment, upon his giving sufficient security to repay
the said judgment shall be reversed.

the same in case

(2) There are no corresponding enactments for England.

(*) 4 Geo. I. Ir. c. 5. Ante No. 27.

CHAPTER IV.

OF THE EFFECT OF THE EJECTMENT.

Of the Effect of the Ejectment on the Interest in the Lease, and of Redemption.

With respect to the Tenant, &c.

No. XLV.-11 Ann. Ir. c. 2. §. 2. part B. a

4 Geo. II. Eng. c. 28.

By these acts the tenant,

And in case the lessee or lessees, ['his] or their

ting judgment assignee or assignees, or other person or per

and execution

without pay sons claiming, or deriving under the said leases,

ing the rent

in arrear with shall permit and suffer judgment to be had and

full costs, and

any bill in

without filing recovered on such ejectment, and execution to equity within be executed thereon, without paying the rent and

six calendar months after

ecuted, shall

§. 2. Part B.

['his, her]

[arrear,] together with full costs, and without [arrears]

be barred and filing any bill or bills for relief in equity, within

foreclosed.

six calendar months after such execution ex-
ecuted; then, and in such case the said lessee
[and] lessees, [his] or their assignee or assig- [3or]
nees, and all other persons claiming and deriving
under the said lease, shall be barred and fore-
closed from all relief or remedy in law or equity,
other than by writ of error for reversal of such
judgment, in case the same shall be erroneous,
and the said landlord or lessor shall, from
thenceforth, hold the said demised premisses
discharged from such lease. (b)

[* his, her]

(a) See the entire sections Ante No. 25.

(*) See a similar provision in the 4 Geo. I. Ir. c. 5. §. 2, Ante No. 26.

No XLVI.-4 Geo. I. Ir. c. 5. §. 3. Part B.

By this act,
&c. permitting
in

the tenants,

judgment and without paying the rent

ascertained vit of the together with be taxed), or

(by the affida. landlord, &c.). full costs,

And in case the lessee or lessees, his or their assigns or other person or persons claiming or deriving under the said lease, shall permit and suffer judgment to be had and recovered on such ejectment, and execution to be executed thereon, without paying [on demand b] the rent so ascertained as aforesaid to be in arrear, together with full costs, which the officer is hereby impowered to tax, or depositing the same in a court of equity, on filing a bill within six months after execution, executed; then, and in such case the said lessee or lessees, his or their same in a assignee or assignees, and all other persons claiming or deriving, under the said lease, shall be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error for reversal of ecuted, shall such judgment in case the same shall be erroneous; and the said landlord or lessor shall, from thenceforth hold the said demised premisses discharged from such lease. (c)

4 Geo. II. Eng. c. 28.

§. 2. Part C. [Provided always, that, Nothing herein contained shall extend to bar the right of any mort

With respect to Mortgagees.

No. XLVII.-11 Ann. Ir. c. 2. §. 3.

depositing the court of equibill, within six months after

on filing a

execution ex

be barred and foreclosed.

mortgagees,

not in posses

§. 3. ['Provided always, that,' Nothing herein In England, contained shall extend to barr the right of any mortgage or mortgages of such lease, or

any

gagee or mortgagees of part thereof, who shall not be in possession. (b)

such lease, or any part thereof, who shall not be in possession, so as such mortgagee or mort

4 Geo. I. Ir. c. 5. §. 5.

§. 5. Provided always, that,' Nothing herein gagees shall, and do, contained shall extend to barr the right of any within six calendar months, after such judg- mortgagee of such lease, or any part thereof, ment obtained, and ex- who shall not be in possession.

(*) See the entire section, Ante No. 27.; and see §. 2. of this act, Ante No. 26. (*) See these words repealed by the 15, 16 Geo. III. Ir. c. 27., Ante No. 43. () The 8 Geo. I. Ir. c. 2. §. 1., (which see Ante No. 28.), provides that the plaintiff recovering under that act shall "have judgment in the said ejectment, in such manner, "and under such provisoes as by the said former acts," (11 Ann. and 4 Geo. 1.) "is "directed and appointed."—And the 5 Geo. II. Ir. c. 4. §. 1., (Ante No. 29.), and the 25 Geo. II Ir. c. 13. §. 2., (Ante No. 30.), provide that the ejectments may be brought and possession recovered under those acts, “in such and the same manner to all intents " and purposes," as if the lease &c. contained a clause of entry, and the article, &c. contained an actual demise respectively.

sion, not barred, if, within

calendar excution ex

months after

ecuted, they pay all rent in arrear, and all costs and damages sustained by the land

lord, and peragreements of

form all the covenants and

the lessee.

In Ireland,mortgagees for valuable consideration

before eject ment brought, lessee,

(the most

gee, and their

ing ser

davit of the

8 Geo. I. Ir. c. 2. §§. 4, 5.

§. 4. [And be it enacted

der or reversion

as

that,' Where ecution executed, pay any lease for avoiding of which such ejectment all rent in arrear, and all costs and damages is brought, shall, before the bringing such sustained by such lesejectment, have been mortgaged for a valuable sor person or persons assignees be consideration, and the lessee and mortgagee, intitled to the remainved, and affi- and their respective assignees, shall, and be duly aforesaid, and perform served with summons in the said ejectment, all the covenants and and a proper affidavit or affidavits of the said agreements which on the part and behalf of summons shall be made and duly filed, and the the first lessee or lesplaintiff shall obtain judgment and execution sees are and ought to rent and cost, in the said ejectment; then, if the said mort- be performed.] and foreclosed. gagee or his assignee shall not within nine

summons filed), not pay

ing or tendering to the Landlord, within nine months after execution executed, the

as ascertained,

shall be barred

In default of registering mortgage and assign

within six ca

months after such execution executed, pay or
tender unto such landlord or lessor the said
rent in arrear and costs, to be ascertained in
such manner as in and by the said acts is
directed and appointed; then such mortgagee
or his assignee shall be barred and foreclosed
of all relief or remedy in law or equity on
account of the said mortgage, and the said
landlord or lessor shall, from thenceforth, hold
and enjoy the demised premisses discharged and
freed from the said mortgage and the equity of
redemption; any thing in the said acts, or any
law to the contrary notwithstanding.

§. 5. And be it further enacted-that,' All
and every mortgage of any lease, and every

ment thereof, assignment thereof already made, shall be reafter perfec.gistered before the 24th day of June, which

lendar months

tion thereof,

may proceed, although the mortgagee or assignee be

the landlord shall be in the year of our Lord 1722, in such manner as is required by the statute for publick registring of deeds, conveyances and wills; (2) duly served. and all such mortgages and assignments hereafter to be made, shall be registered in like

not served, as if he had been

(a) viz. the 6 Ann. Ir. c. 2.

manner, within six kalendar months after per-
fection thereof; and, in default of registring
such mortgage or assignment in manner afore-
said, the landlord or lessor, may proceed in
ejectment and obtain judgment and execution
thereon, although such mortgagee or assignee
be not served with summons in ejectment, in
such manner as if such mortgagee or assignee
had been duly served.]

Infants, &c.

No. XLVIII.-11 Ann. Ir. c. 2, §. 8. a

§. 8. Provided always, that,' No proceedings by virtue of this act for breach of any condition, shall prejudice the right or title of any infant, femme covert, person being non compos mentis, or being out of her majesty's dominion.

§. 6. Provided always, that,' This act shall not extend to defeat the estate, right, title () of infants, feme covert, or persons of nonsane memory.

56 Geo. III. Ir. c. S8, §. 14.

Former proIrish eject

visions of the

ment acts,

§. 14. And whereas, by an act passed in the parliament of Ireland Repealed. in the eleventh year of the reign of her late majesty queen Anne, 'entituled, An Act for the more effectual Preventing of Frauds committed 'by Tenants, it is provided, that, no proceedings by virtue of such act 'for breach of any condition, shall prejudice the right or title of any 'infant, feme covert, person being non compos mentis, or being out of his majesty's dominions; and by an act passed in the fourth year of 'the reign of his majesty king George the first, to explain and amend 'the said former act, it is provided, that, the said act of the fourth ' year of king George the first, shall not extend to defeat the estate, right or title of infants, femes covert, or persons of non-sane

(*) There were no corresponding enactments for England.

(*) or title,' in the Grierson collection.

G