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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 678   View pdf image (33K)
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678 19 CAR. 2, CAP. 6, PRESUMPTION OF DEATH.
V. Provided always, and be it enacted, That if any Per-
son or Persons shall be evicted out of any Lands or Tene-
ments by Virtue of this Act, and afterwards if such Person
or Persons upon whose Life or Lives such Estate or Estates
depend, shall return again from beyond the Seas, or shall on
Proof in any Action to be brought for Recovery of the same,
be made appear to be living, or to have been living at the
Time of the Eviction, That then, and from thenceforth the
Tenant or Lessee, who -was outed of the same, his or their
Executors, Administrators or Assigns, shall or may re-enter,
repossess, have, hold and enjoy the said Lands or Tenements
in his or their former Estate, for and during the Life or Lives,
or so long Term as the said Person or Persons upon whose Life
or Lives the said Estate or Estates depend, shall be living; (2)
and also shall upon Action or Actions to be brought by him or
them against the Lessors, Reversioners or Tenants in Pos-
session, or other Persons respectively, which since the Time of
the said Eviction received the Profits of the said Lands or
Tenements, recover for Damages the full Profits of the said
Lands or Tenements respectively, with lawful Interest for and
from the Time that he or they were outed of the said Lands or
Tenements, and kept and held out of the same by the said
Lessors, Reversioners, Tenants, or other Persons, who after the
said Eviction received the Profits of the said Lands or Tene-
ments, or any of them respectively, as well in the Case when
the said Person or Persons upon whose Life or Lives such
501* Estate or Estates did depend, are or shall be dead at the
Time of bringing of the said Action or Actions, as if the said
Person or Persons were then living.
II. Persons beyond the Seas, or absenting themselves for seven Years,
Carthew, 246.
III. What shall be a good Challenge to jurors upon Trial of Lives in
Being.
V. Proviso for Persons evicted by this Act, not being in Truth dead.
In Holman v. Exton, Carth. 246; Holt, 195, S. C., there was a lease in
reversion to L. D. for 99 years, to commence after the death or earlier
determination of the estates of J. D., the father, and J. D., the son, who had
then a lease in possession for the like term if they or either of them so
long lived. The death of J. D., the son, was positively proved, but as to
the father the proof was, that he was reported dead and had not been
heard of in fifteen, years. Holt C. J. upon perusul of the Statute was

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 678   View pdf image (33K)
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