|
|
Fee-farm Rent recoverable by like Remedies as Rent-service, &c.
|
XX. And be it enacted, That the Fee-farm Rent made payable by any Grant under this Act, or by any Grant made alter the passing of this Act, shall be recoverable by Distress, Ejectment for Nonpayment of Rent, Action of Debt, Covenant, and all other Ways, Means, Remedies, Actions, Suits, or otherwise, by which Rent-service reserved on any Common Lease or Demise for a Life or Lives is or may be by Law recoverable; and all the Enactments relating to Ejectment for Nonpayment of Rent, Distress, or other Remedies for Recovery thereof, shall apply to every such Fee-farm Rent as aforesaid, as fully and effectually as if the same were Rent-service reserved on a Lease for a Life or Lives; and in Proceedings by Ejectment for Nonpayment of such Fee-farm Rent under the Statutes for the Time being in force in Ireland in relation to Ejectment for Nonpayment of Rent made applicable under this Act to such Fee-farm Rent as aforesaid, the Receipt of such Fee-farm Rent for Three Years by the Lessor of the Plaintiff, or any Person or Persons through whom he claims, shall have the same Force and Effect as a similar Receipt of Rent-service reserved on any Lease for Life or Lives would have in Proceedings by Ejectment for Nonpayment of such Rent under such Statutes; and in avowing or making Cognizance for any such Fee-farm Rent in any Action of Replevin in respect of a Distress for such Rent it shall be sufficient for the Person avowing or making Cognizance to avow or make Cognizance generally, that the Lands or Place on which such Distress was made, or from which such Distress was fraudulently removed, (as the Case may be,) were or was at the Time the Rent distrained for accrued and still are or is held under a Grant made under or after the passing of this Act, and that a certain Sum or Portion of the said Rent was in arrear and unpaid, and that the Person avowing, or in whose Right Cognizance is made in respect of the said Rent, is the Person entitled thereto, without further setting forth such Grant, or the Title of such Avowant or Person in whose Right such Cognizance is made to such Fee-farm Rent; and in proceeding by Action of Debt or Covenant for Nonpayment of the Fee-farm Rent, made payable by any such Grant as aforesaid, or Nonperformance of any of the Covenants contained in such Grant, or in any other Action or Proceeding in relation thereto, it shall be sufficient for the Plaintiff or Person entitled to such Fee-farm Rent to set forth in the Declaration or other Pleading the Grant, and, where the Case shall require, the Covenants the Nonperformance of which he complains of, and aver that the said Plaintiff or other Person is the Person entitled to the Fee-farm Rent reserved or made payable by such Grant, and, where the Case may require, interested in the Performance of such Covenants, without setting forth or deducing his Title thereto; and in such Actions of Replevin, Debt, or Covenant, or other Proceeding founded on such Grant as aforesaid, Proof that the said Plaintiff or other Person, or any Person or Persons through whom he claims, has or have been in possession or in the Receipt of such Fee-farm Rent for Three Years, shall be sufficient Evidence of the Title of the Plaintiff or other Person thereto, as in Cases of Ejectment for Nonpayment of Rent under the Statutes in force in relation thereto; and if in any such Action of Ejectment as aforesaid Judgment be given for the Plaintiff, and Execution executed, or if any Entry be made in respect of such Fee-farm Rent as aforesaid, or by virtue of any Condition for Re-entry contained in any such Grant as aforesaid, then the Estate in the Lands acquired under such Judgment and Execution or by such Entry shall be of the like Nature, and shall be subject to the same or the like Uses, Trusts, Charges, Liens, Equities, Rights, and Incumbrances, as if such Judgment and Execution or such Entry had been in respect of an Estate in Reversion, and of a Rent or of a Condition, as the Case may be, incident thereto, and such Estate in Reversion had stood limited to the same Uses and Trusts, and subject to the same Charges, Liens, Equities, Rights, and Incumbrances, to which such Fee-farm Rent stood limited or subject.
|
