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TENANTRY ACT 1779
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CHAP. XXX.
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An Act for the Relief of Tenants holding under Leases for Lives containing Covenants for perpetual Renewals.
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Lands held under leases for lives renewable on payment of fines,
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neglect of tenants to pay or tender within the times,
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that such interests may not be defeated by more neglect where no fraud, on making full satisfaction,
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courts of equity on adequate compensation shall relieve such tenants and assigns against such lapse, if no fraud proved,
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unless demand of fines proved, and refusal, or neglect to pay in reasonable time after.
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WHEREAS great parts of the lands in this kingdom are held under leases for lives with covenants for perpetual renewals upon payment of certain fines at the times therein respectively mentioned for each renewal: and whereas from various accidents and causes such tenants, and those deriving under them, have frequently neglected to pay or tender such fines within the times prescribed by such covenants after the fall of such lives respectively: and whereas many such leases are settled to make provision for families and creditors, most of whom must be utterly ruined, if advantage shall be taken of such neglects, which will occasion much confusion and distress in the kingdom; and whereas it has been for a long time a received opinion in this kingdom, to which some decisions in courts of equity and declarations of judges have given countenance, that courts of equity would in such cases relieve against the lapse of time upon giving an adequate compensation to the persons to whom such fines were payable, or their representatives: and to the end that such interest may not be defeated by a more neglect, where no fraud appears to have been intended, upon making full satisfaction to the lessors, or those deriving under them; be it declared and 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 courts of equity upon an adequate compensation being made, shall relieve such tenants and their assigns against such lapse of time, if no circumstance of fraud be proved against such tenants or their assigns; unless it shall be proved to the satisfaction of such courts, that the landlords or lessors, or persons entitled to receive such fines, had demanded such fines from such tenants or their assigns, and that the same had been refused or neglected to be paid within a reasonable time after such demand.
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If difficult to discover tenant or assignee, demand on the lands from principal occupier with 2 months notice in Gazettes a demand within this act.
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II. Provided always, and be it enacted by the authority aforesaid, That in case the landlord shall find any difficulty in discovering his tenant or the assignee of such tenant, so as to make a demand on such tenant or assignee, that then and in every such case a demand made of the said fine on the lands from the principal occupier of the same, together with a notice of such demand, to be inserted for the space of two months in the London and Dublin Gazettes, shall be considered to all intents and purposes a demand within this act.
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Not to affect judgment or decree given, or suit before 15 May 1780, and now depending.
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III. Provided always, and be it enacted by the authority aforesaid, That nothing herein contained shall in any sort affect any judgment or decree already given or made, or any suit commenced before the fifteenth day of May one thousand seven hundred and eighty, and now depending for the recovery of the possession of any manors, messuages, lands, tenements, or hereditaments on account of any lease or leases not having been renewed according to the covenants for perpetual renewals therein contained.
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