# Partition Act 1696, Section II: If Tenant or other Person shall in one Year after Judgment entered, or after Determination of Inability, shew good Matter in bar of Partition, &c., the Court may suspend or set aside such Judgment.


In what Case Appellant to pay Costs.; Second Partition good.
Provided always That if such Tenant or Person concerned or either of them against whom or their Right or Title such Judgement by Default is given shall within the space of One Yeare after the first Judgement entred or in case of Infancy Coverture Non sane memorie or Absence out of the Kingdome within One Yeare after his her or their Returne or the Determination of such Inability apply themselves to the Court by Motion where such Judgement is entred and shew a good and probable Matter in barr of such Partition or that the Demandant hath not Title to so much as hee hath recovered then in such Case the Court may suspend or sett aside such Judgement and admitt the Tenant and Tenants to appeare and plead and the Cause shall proceed according to due Course of Law as if no such Judgement had been given And if the Court upon hearing thereof shall adjudge for the first Demandant then the said first Judgement shall stand confirmed and be good against all Persons whatsoever except such other Persons as shall be absent or disabled as aforesaid and the Person or Persons so appealing shall be awarded thereupon to pay Costs or if within such Time or Times aforesaid the Tenants or Persons concerned admitting the Demandants Title Parts and Purparts shall shew to the Court an Inequality in the Partition the Court may award a new Partition to be made in presence of all Parties conc[er]ned (if they will appeare) notwithstanding the Returne and filing upon Record the former which said Second Partition returned and filed shall be good and firme for ever against all Persons whatsoever except as before excepted.

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Source: https://www.legislation.gov.uk/aep/Will3/8-9/31/section/II (the official version)
Page: https://openlegislation.uk/partition-act-1696/section-II
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.