Partition Act 1696

IV. Where High Sheriff cannot be present at the Execution of a Judgment in Partition, Under Sheriff, in Presence of Two Justices, may proceed thereupon.

Tenants, before Division, to be Tenants of Part divided under the same Conditions, &c.; Landlords to make good to Tenants their said Parts, as before Partition made.

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 att the Execution of any Judgement in Partition in such Case the Under Sheriff in presence of Two Justices of the Peace of the County where the Lands Tenements or Hereditaments to be divided doe lye shall and may proceed to Execution of any Writt of Partition by Inquisition in due Forme 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 Returne as if hee were personally present att such Execution And in case such Partition be made returned and filed hee or they that were Tenant or Tenants of any of the said Messuages Lands Tenements and Hereditaments or any Part or Purpart thereof before they were divided shall be Tenant or Tenants for such Part sett 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 doe by any Copy Leases or Grants of their respective Parts before any Partition made and in case any Demandant be Tenant in actual Possession to the Tenant to the Action for his Part and Proportion or any Part thereof in the Messuages Lands Tenements and Hereditaments to be divided by virtue of a Writt of Partition as aforesaid for any terme of Life Lives or Yeares or uncertaine Interest the said Tenant shall stand and be possessed of the said Purparts and Proportions for the like Terme and under the same Conditions and Convenants when it is sett out severally in pursuance of this or any other Act Statute or Law to that purpose.