1987 Ed.]
Cestui Que Vie Act 1666
[App. IIA
estates have beene granted have gone beyond the seas or soe absented themselves for many yeares that the lessors and reversioners cannot finde out whether such person or persons be alive or dead by reason whereof such lessors and reversioners have beene held out of possession of their tenements for many yeares after all the lives upon which such estates depend are dead in regard that the lessors and reversioners when they have brought actions for the recovery of their tenements have beene putt upon it to prove the death of their tennants when it is almost impossible for them to discover the same, for remedy of which mischeife soe frequently happening to such lessors or reversioners bee it enacted, etc.
[1] Cestui que vie remaining beyond sea for seven years together and no proof of their lives, judge in an action to direct a verdict as though cestui que vie were dead.--If such person or persons for whose life or lives such estates have beene or shall be granted as aforesaid shall remaine beyond the seas or elsewhere absent themselves in this realme by the space of seaven yeares together and noe sufficient and evident proofe be made of the lives of such person or persons respectively in any action commenced for recovery of such tenements by the lessors or reversioners in every such case the person or persons upon whose life or lives such estate depended shall be accounted as naturally dead, and in every action brought for the recovery of the said tenements by the lessors or reversioners their heires or assignes, the judges before whom such action shall be brought shall direct the jury to give their verdict as if the person soe remaining beyond the seas or otherwise absenting himselfe were dead.
4. If the supposed dead man prove to be alive, then the title is revested. Action for mean profits with interest.-[Provided alwayes
that if any person or persons shall be evicted out of any lands or tenements by vertue of this Act, and afterwards if such person or persons upon whose life or lives such estate or estates depend shall returne againe from beyond the seas, or shall on proofe in any action to be brought for recovery of the same [to1] be made appeare to be liveing; or to have beene liveing at the time of the eviction that then and from thenceforth the tennant or lessee who was outed of the same his or their executors administrators or assignes shall or may reenter repossesse have hold and enjoy the said lands or tenements in his or their former estate for and during the life or lifes or soe long terme as the said person or persons upon whose life or lives the said estate or estates depend shall be liveing, and alsoe shall upon action or actions to be brought by him or them against the lessors reversioners or tennants in possession or other persons respectively which since the time of the said eviction received the proffitts of the said lands or tenements recover for damages the full proffits of the said lands or tenements respectively with lawfull interest for and from the time that he or they were outed
1 O. omits.
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