The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
One exception, and one only, is admitted by the statutes to the
universality of this exclusion, viz., a lease for a term not exceeding
thirty-one years. But even this privilege is charged with a prior
qualification. This remnant of a right is doubly curtailed: 1st, that on
such a short lease a rent not less than two thirds of the full improved
yearly value, at the time of the making it, shall be reserved during the
whole continuance of the term; and, 2ndly, it does not extend to the
whole kingdom. This lease must also be in possession, and not in
reversion. If any lease is made, exceeding either in duration or value,
and in the smallest degree, the above limits, the whole interest is
forfeited, and vested _ipso facto_ in the first Protestant discoverer or
informer. This discoverer, thus invested with the property, is enabled
to sue for it as his own right. The courts of law are not alone open to
him; he may (and this is the usual method) enter into either of the
courts of equity, and call upon the parties, and those whom he suspects
to be their trustees, upon oath, and under the penalties of perjury, to
discover against themselves the exact nature and value of their estates
in every particular, in order to induce their forfeiture on the
discovery. In such suits the informer is not liable to those delays
which the ordinary procedure of those courts throws into the way of the
justest claimant; nor has the Papist the indulgence which he [it?]
allows to the most fraudulent defendant, that of plea and demurrer; but
the defendant is obliged to answer the whole directly upon oath. The
rule of _favores ampliandi,_ &c., is reversed by this act, lest any
favor should be shown, or the force and operation of the law in any part
of its progress be enervated. All issues to be tried on this act are to
be tried by none but known Protestants.
Public-domain text, read in full here on John Shaqi.
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