Volume 194, Page 677 View pdf image (33K) |
19 CAR. 2, CAP. 6, PRESUMPTION OF DEATH. 677 SUDS for whose Life or Lives such Estates have been granted, have gone beyond the Seas, or so absented themselves tor many Years, that the Lessors and Reversioners cannot find out whether such Person or Persons be alive or dead, by Reason whereof such Lessors and Reversioners have been held out of Possession of their Tenements for many Years, after all the Lives upon which such Estates depend, are dead, in regard that the Lessors and Reversioners when they have brought Actions for the Recovery of their Tenements, have been put upon it to prove the Death of their Tenants, when it is almost impossible for them to discover the same: II. For Remedy of which Mischief so frequently happening to such Lessors or Reversioners, Be it enacted by the King's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, That if such Person or Persons, for whose Life or Lives such Estates have been, or shall be granted, as aforesaid, shall remain beyond the Seas, or elsewhere absent themselves in this Realm by the space of seven Years together, and no sufficient and evident Proof be made of the Lives of such Per- son or Persons respectively, in any Action, commenced for Recovery of such Tenements by the Lessors or Reversioners, in every such Case the Person or Persons upon whose Life or * Lives such Estate depended, shall be accounted as 500 naturally dead; (2) and in every Action brought for the Re- covery of the said Tenements by the Lessors or Reversioners, their Heirs or Assigns, the Judges before whom such Action shall be brought, shall direct the Jury to give their Verdict, as if the Person so remaining beyond the Seas, or otherwise absent- ing himself, were dead. III. And be it further enacted. That in any such Action wherein the Life or Death of any such Person or Persons shall come in Question between the Lessor or Reversioner, and the Tenant in Possession, it shall and may be lawful for the Lessor or Reversioner to take Exception to any of the Jurors returned for the Trial of that Cause, that the greatest Part of the Real Estate of any of such Jurors is held by Lease or Copy for Lives, "who upon Proof thereof shall be set aside as in Case of other legal Challenges. |
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Volume 194, Page 677 View pdf image (33K) |
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