AN ACT To Prevent FRAUDS BY Clandestine Mortgages.  
AN ACT For the more EASY OBTAINING Partitions of Lands. IN Coparcenary Joyntenancy, and Tenancy in Common, and Bounding and Mearing of Lands.  
DUBLIN: Printed by Andrew Crook, Printer to the King's Most Excellent Majesty, on Cork-Hill, near Copper-Alley, 1697.   

An ACT to Prevent Frauds, by Clandestine Mortgages. CHAP. XXXVI.  
WHEREAS great Frauds and Deceits, are too often Practised by Necessitous and Evil disposed persons, in Borrowing of Money, and giving judgements, Statutes, and Recognizances privately, for securing the Re-payment of the said Money; and the same persons do afterwards Borrow Money, upon Security of their Lands, of other persons, and do not acquaint the latter Lender thereof with the same, whereby such latter Lender is very often in danger to lose his whole Money, or forced to pay off the Debts secured by the said judgements, Statutes, and Recognizances, before they can have any Benefit of the said Mortgages.  
And whereas divers persons do many times Mortgage their Lands more than once, without giving Notice of their first Mortgage, whereby Lender's of Money, upon Second, or after Mortgages, do often lose their Money, and are put to great Charges in Suits, and otherwise.  
For Remedy whereof, and Preventing the same, as much as may be for the Future, May it please Your Sacred Majesty, that it may be Enacted.  
And 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 if any person or persons, from, and after the First Day of April, which shall be in the Year of Our Lord God, One thousand Six hundred and Ninety eight, shall Borrow any money, or for any other Valuable consideration, for the payment thereof, voluntarily Give, Acknowledge, Permit, or Sufer to be Entered against him or them, One or more judgement or judgements, Statute or Statutes, Recognizance or Recognizances, to any Person or Persons, Creditor or Creditors; and if the same Borrower or Borrowers, Debtor or Debtors, shall afterwards Take up, or Borrow any other Sum or Sums of money, of any other person or persons, or for other Valuable consideration, become Indebted to such person or persons; And for Securing the Re-payment, and Discharge thereof, shall Mortgage his, her, or their Lands or Tenements, or any part thereof, to the said Second, or other Lender, or Lender's of the said money, Creditor or Creditors, or to any other person or persons in Trust, for, or to the Use of such Second, or other Lender or Lender's, Creditor or Creditors, and shall not give Notice to the said Mortgage or Mortgageés, of the said judgement or judgements, Statute or Statutes, Recognizance or Recognizances in Writing, under his, her, or their Hand or Hands, before the Execution of the said Mortgage or Mortgages, unless such Mortgager or Mortgagers, his, her, or their Heirs, upon Notice to him, her, or them, given by the Mortgageé, or Mortgageés of the said Lands and Tenements, his, her, or their Executors, Administrators, or Assigns in Writing, under his, her, or their Hands and Seals, Attested by Two or more sufficient Witnesses, of any such former judgement or judgements, Statute or Statutes, Recognizance, or Recognizances, shall within Six Months after such notice given, pay off, and Discharge the said judgement or judgements, Statute or Statutes, Recognizance or Recognizances, and all Interest, and Charges, due thereupon, and cause, or procure the same to be Vacated, or Discharged by Record. that then the Mortgager or Mortgagers, of the said Lands and Tenements, his, her, or their Heirs, Executors Administrators, or Assigns, shall have no Benefit, or Remedy against the said Mortgageé, or Mortgageés, his, her, or their Heirs, Executors, Administrators, or Assigns, or any of them in Equity, or elsewhere, for Redemption of the said Lands and Tenements, or any part thereof; but the said Mortgageé and Mortgageés, his, her, or their Heirs, Executors, Administrators, and Assigns, shall, and may hold, and enjoy the said Lands and Tenements, for such Estate, and Term therein as were or was Granted and Settled, to the said Mortgageé or Mortgageés, against the said Mortgager, or Mortgagers, and all person and persons, lawfully Claming, from, by or under him, her or them, Freéd from Equity of Redemption, and as fully to all Intents and Purposes, whatsoever, as if the same had been purchased absolutely, and without any Power, or Liberty of Redemption.  
And be it further Enacted by the Authority aforesaid, That if any person or persons, who have, or hath once Mortgaged, or from, and after the said First Day of April, shall Mortgage any Lands or Tenements, to any person or persons for Security of Money Lent, or otherwise Accrued, or become Due, or for other Valuable Considerations; and if the said Mortgager or Mortgagers, shall again Mortgage the same Lands or Tenements, or any part thereof, to any other person or persons, for Valuable Considerations; the said former Mortgage being in Force, and not Discharged, and shall not discover to the said Second, or other Mortgageé or Mortgageés, or some, or one of them, the former Mortgage or Mortgages, in Writing under his or their Hands; that then, and in those Cases also, the said Mortgager or Mortgagers, his, her, or their Heirs, Executors Administrators, or Assigns, shall have no Relief, or Equity of Redemption against the said Second, or after Mortgageé, or Mortgageés, his, her, or their Heirs, Executors, Administrators, or Assigns, upon the said after Mortgage, or Mortgages, but that such Mortgageé or Mortgageés, his, her, or their Heirs, Executors, Administrators, and Assigns, shall, and may Hold and Enjoy such, more than once Mortgaged Lands and Tenements, for such Estate and Term therein, as were, or was Granted, and conveyed by the said Mortgager or Mortgagers, against him, her, or them, his, her, or their Heirs, Executors or Administrators respectively, Freéd from Equity of Redemption, and as fully to all Intents and Purposes, as if the same had been an absolute purchase, and without any Power, or Liberty of Redemption.  
Provided always, and be it further Enacted by the Authority aforesaid That nevertheless, if it so happen, that there be more than one Mortgage, at the same time made by any person or persons, to any person, or persons, of the same Lands and Tenements, the several late, or under Mortgageés, his, her, or their Heirs, Executors, Administrators, or Assigns, shall have Power to Redeém any former Mortgage or Mortgages, upon payment of the Principal Debt, Interest, and Costs of Suit, to the Prior Mortgageé or Mortgageés, his, her, or their Heirs, Executors, Administrators, or Assigns, any thing herein contained to the contrary thereof, in any wise notwithstanding.  
Provided always, that nothing in this Act contained, shall be Construed, deemed, or Extended, to Bar any Widow of any Mortgager of Lands or Tenements, from her Dower and Right, in, or to the said Lands, who did not Legally join with her Husband in such Mortgage, or otherwise lawfully Bar, or Exclude herself, from such her Dower or Right.   

An ACT for the more Easy obtaining Partitions of Lands in Caparce nary joint-tenancy, and Tenancy in Common, and Bounding, and Mearing of Lands. CHAP. XXXVII.  
WHereas the proceedings upon Writs of Partition, betweéns Coparceners, by the Common-Law, or Custom, joint-tenants, or Tenants in Common, are found by Experience, to be Tedious Chargeable, and oftentimes Ineffectual, by Reason of the difficulty of Discovering the persons and Estates of the Tenants of the several Manors, Messages, Lands, Tenements, and Hereditaments, to be Divided, and the Defective and Dilatory Executing and Returning of the Process, of Summons, Attachment and Distress, and other Difficulties and Impediments in Making and Establishing of Partitions; by Reason of which, divers persons having Vndivided Parts, or Purparts, are greatly Prejudiced and Oppressed, and the Premise are frequently Wasted, or lie Vncultivated, or not Improved, and the Profits of the same thereby Totally are in a greater measure Lost. For Remedy thereof:  
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 Authority of the same, That from the Sixth Day of November, One thousand Six hundred Ninety seven, and after Process of Summons, or Attachment upon any Writ of Partition Returned, and Affidavit made thereupon by any Sufficient and Credible person, that due Notice in Writing is, or hath been given of the said Writ of Partition, to the Tenant or Tenants, to the said Writ or Action, and a Copy thereof left with the Occupyer, or Tenant or Tenants, in Possession of the said Lands; or if they, or any of them cannot be found, then to the Wife, Son or Daughter, being of the Age of One and Twenty Years, or upwards, of such Tenant or Tenants, to the said Writ or Action, or Tenant in actual Possession, as aforesaid, by Virtue of any Estate of Freéhold for Years, or to at Will, or any uncertain Interest, of, or in the said Manors, Lands, Tenements and Hereditaments, whereof the said Partition is so Demanded, unless the said Tenant in Actual Possession, be Demandant in the said Action, at the least Forty Days before the Day of the Return of the said Summons or Attachment; if in such Case the Tenant or Tenants to such Writ, or Tenant in Possession to the Manors, Lands, Tenements and Hereditaments, as aforesaid, or any of them, shall not within the Term after Return of such Writ of Summons or Attachment, or the Term following the same, cause an Appearance to be Entered in such Court, where such Writ of Summons or Attachment shall be Returnable, then, and in Default of such Appearance, the Demandant having Filled his Declaration, the Court may, and shall proceéd to Examine the Title of the said Demandant, set forth in his Declaration, and the Content, or Quantity of his Part, or Pur-part of the said Lands and Premises, and according as they shall find his right Part and Pur-part to be, they shall for so much, cause judgement by Default, to be Entered for the said Demandant, and thereupon Order and Award a Writ, to make Partition, whereby such Proportion, Part and Pur-part, may be set out to him in Severalty; of which said Writ of Execution, Notice shall be given to the Occupier, Tenant or Tenants, of the said Manors, Lands, Tenements and Hereditaments, at least Six Days before the Execution thereof; and the same being after such Notice duly Executed and Returned, and Final judgement thereupon Entered, the same shall be good, Binding, and Conclusive to all persons whatsoever, and to the several Rights, Titles, and Interests, which they, or any of them have, or shall at any time Claim, or pretend to have in any of the said Manors, Lands, Tenements, and Hereditaments, mentioned in the said judgement and Writ of Partition so Awarded, as aforesaid, although all persons concerned, are not Named in the proceedings thereupon, nor the Title of the Tenants to the said Writ truly set forth.  
Provided always, Lhat if such Tenant or Tenants, or person concerned, or any of them, against whom, or their Right or Title, such judgement by Default is given, shall within the space of One Year, after the First judgement Entered, or in Case of Infancy, Coverture, Non sane Memory, or Adsence out of the Kingdom, then within One Year after his, her, or their Return, or the Determination of such Inability, apply themselves by Motion to the Court, where such judgements are Entered, and show good, and probable matter in Bar of such Partition, or that the Demandant hath not Title to so much as he hath so Recovered; then, and in such Case, the Court may Suspend, or Set aside such judgement, and admit the Tenant or Tenants to appear and Plead, and the Cause shall Proceéd according to Due Course of Law, as if no such judgement had been given: And if the Court upon Hearing thereof, shall Adjudge for the First Demandant, than the said First judgement shall stand Confirmed, and be good against all persons whatsoever, Except such other persons as shall be Absent, or Disabled, as aforesaid, and the person or persons, so Appealing, shall be Awarded thereupon, to pay Costs, or if within such time or times, aforesaid, the Tenants or persons Concerned, Admitting the Demandant's Title, Parts or Purparts, shall yet show to the Court any Inequality in the Partition, the Court may Award a new Partition to be made, in presence of all parties Concerned, and if they will appear, notwithstanding the Return, and Filing upon Record of the former; which said Second Partition Returned and Filled, shall be Good, Valid, and Firm for ever, against all persons whatsoever, except, as before Excepted.  
And be it Enacted by the Authority aforesaid, That no Plea in Abatement shall be admitted, or received in any Suit for Partition, nor shall the same be Abated by reason of the Death of any Tenant or Tenants thereunto.  
And be it further Enacted by the Authority aforesaid, That when the High-Sheriff, by reason of Distance, Infirmity, or any other Hindrance, cannot conveniently be present at the Execution of any judgement in Partition, in such Case, the under-sheriff, in presence of Two justiecs of the Peace of the County, where the Lands, Tenements, or Hereditaments to be Divided, do lie, shall, and may proceéd to Execution of any Writ of Partition, by Inquisition, in due Form of Law, as if the High-Sheriff were then personally present; and the High-Sheriff thereupon, shall, and is hereby Enabled and Required to make the same Return as if he were personally present at such Execution. And in Case such Partition be Made, Returned, and Filled, he or they that were Tenant or Tenants of any of the said Messages, Lands, Tenements, or Hereditaments, or any Part or Pur-part thereof, before they were so Divided, shall continue, and be Tenant or Tenants, for such Parts Set out severally to the respective Landlords, or Owners thereof, by, and under the same Conditions, Rents, Covenants, and Reservations, where they are, or shall be so Divided, and the Landlords and Owners of the several Parts and Purparts so Divided, and Allotted, as aforesaid, shall Warrant and make good unto their respective Tenants, the said several Parts severally after such Partition, as they are or were Bound to do by any Copy, Lease, or Grant of their respective Parts before any Partition made; and in Case any Demandant be Tenant, in Actual Possession to the Tenant, to the Writ or Action, for his Part and Proportion, or any Part thereof in the Messages, Lands, Tenements, and Hereditaments to be Divided, by Virtue of a Writ of Partition, as aforesaid, for any Term of Life, Lives, or Years, or uncertain Interest, the said Tenants shall stand and be Possessed of the said Purparts, and Proportions, for the like Term and under the same Conditions and Covenants, when it is set out in severalty, in pursuance of this, or any other Act, Statute, or Law, to that purpose.  
And be it further Enacted by the Authority aforesaid, That the respective Sheriffs, their under-sheriffs, and Deputies; and in Case of Sickness, or Disability in the High-Sheriff, all justices of the Peace within their respective Divisions, shall after convenient Notice, give Due Attendance to the Executing such Writ of Partition, unless reasonable Cause be shown to the Court upon Oath, and then Allowed of, or otherwise be liable every of them to pay unto the Demandant such Costs and Damages, as shall be Awarded by the Court, not exceeding Five pounds, for which the Demandant, or Plaintiff, may bring his Action in any of His Majesty's Courts of Record at Dublin, wherein no Essoyn, Protection, Privilege, or Wager of Law shall be Allowed, or more than One Imparlance. And in Case the Demandant do not Agreé to pay unto the Sheriff or under-sheriff, justices and jurors, such Feés as they shall respectively Demand for their pains and Attendance in the Execution of the same, and Returning thereof; then the Court shall Award what each person shall Receive, having respect to the Distance of the place, from their Respective Habitations, and the time they must necessarily spend about the same, for which they may severally bring their Actions as aforesaid.  
Provided, that this Act shall continue in force for Seven Years, and from thence to the end of the next Session of the next Parliament, and no longer.  
And whereas many Inconveniencies, and Lawsuits, have heretofore Arisen, and may hereafter Arise, by Reason the Bounds of the several Proprieties of Lands within this Kingdom, are not sufficiently Distinguished, by certain and known Meres.  
For prevention whereof, and for the better carrying off the Water, and Draining the Bogs, and wet Lands, and Improving the same.  
Be it Enacted by the Authority aforesaid, That where the Meres of Lands, betweéns Propriety and Propriety, have, or shall hereafter be set out, or Ascertained by a Writ of Partition, Perambulation, or otherwise, the same shall at Equal Charge of the Proprietors thereof, or their Tenants, be Enclosed with good Ditches, where Earth sufficient may be had to make the same, and therein one or two Rows of Quicksets shall be Planted; and where Earth shall be wanting, such other Fences shall be made, as the nature of the Soil shall permit. And where Lands are Leased for a long term, it may seém Unequal to lay the Charge of such Ditches and Fences on the Landlords.  
Be it therefore Enacted, that where Lands are Held in Feé-farm, or for Lives Renewable for ever, or for a Term of Sixty Years, to run from the Sixth Day of November, One thousand Six hundred Ninety seven, there the Charge of making the Meres, or Fences, as aforesaid, shall be entirely born by the Tenant; and where Lands are Leased for Lives, wherein Threé Lives shall be Current, or for Years, where Twenty One Years shall be Vnexpired, at, or upon the said Sixth day of November, One thousand Six hundred Ninety seven, there the said Meres shall be Enclosed at the Equal Charge of Landlord and Tenant; and where Lands are Leased for any lesser time, or Term, the Bounds shall be Enclosed at the Sole Charge of the Landlord.  
Provided, That nothing in this Act Contained, shall be Taken, or Construed to be Taken, to make Void any Covenants heretofore made betweéns Landlord and Tenant, Relating to the Enclosing of Mears.  
And be it further Enacted by the Authority aforesaid, That whatsoever person or persons, Chargeable by this Act, with the Fencing and Closing of their Bounds, as aforesaid, who shall not have Actually done the same within Six Months after such Partition made, shall Forfeit for his, or their neglect. One Year's Value of the said Land, One Moiety thereof, to the use of the Poor of the Parish, where such Lands shall lie, and the other Moiety to him, or them, that will Sue for the same: And if the person or persons, Chargeable with the Enclosing his Meres, as aforesaid, shall further neglect to do the same within One Year, he, or they, so Offending against this Act, shall Forfeit Two Years Value of the said Lands, to be Paid and Recovered in manner aforesaid.  
And it is hereby further Enacted by the Authority aforesaid, That all Mearing, Fences Ditches and Drains, made, or hereafter to be made, be, and shall from time to time, and at all times hereafter, at the Equal Charge of the Tenants, and Occupiers of the said Lands, be kept open Scoured and Cleansed, that the Water may not stand, but pass away, and that whatsoever person or persons shall refuse or neglect to do the same, shall Forfeit for such refusal and neglect, One Year's Value of the said Land, to be Recovered in such manner, and to such Uses, as is herein before Expressed.  
FINIS.