Annesley versus Dixon Trin Ann land sell by the trustee under the Act of  resumption as forfeit though the same be not forfeit by the rebellion of be  recover in ejectment by the proprietor and the judgement affirm in England  this case be argue this day by the attorneygeneral for the plaintiff in error  and be think the plaintiff shall bold under the title of the trustee for else  it will be very mischievous if what the trustee have do by force of a Act of  parliament shall be all unravel and the purchaser have no warranties no  provision nor covenant but this Act therefore it be plain intend their title  shall not be holt KB litigate nor contest and if the parliament do intend to  leave room for any person to contend their title then there will be some  provision in case of eviction but here be no such thing therefore I hope these  purchaser who have give their money upon the high security of this nation  shall not lose the benefit thereof without recompense and if this Act can be  so intend it have be make in vain for we can never find purchaser for no man  will buy a litigious title without some collateral security it be object that  this be a extraordinary power it be so without question but we have see as  great power S give before so be the plantation Act whereby the whole  plantation be vest in trustee and sure it be very necessary to give such a  power for papist never want deed and private settlement upon occasion to trump  up which be very frequent do by they therefore when we consider the great  power then we must at the same time consider the nature of the thing this case  and the encouragement it have meet with have alarm a great many purchaser and  if the proceed of the trustee be unravel we know that will be of very ill  consequence but we know not where it will stop the iniquity of this case  appear by the special verdict and the partiality use in this case for if any  question arise about land depend on the Act of settlement if the land be seize  and sequester they never will admit any special verdict though they will give  a bill of exception which signify nothing for be seize and sequester make a  title with they not to be controvert and I take the intent of this Act of  parliament be so here that the decree and judgement of the trustee shall be  final there be two objection make first whether the trustee have power to  determine what be vest in they second whether any person can claim a  inheritance as to the first point it be plain they have by the whole context  of this Act of parliament a power to determine what be vest in they first by  their power of summon all person before they c and for what it be sure to  inquire into what estate be the forfeit person and what belong to the late  king James which be already vest and to register in book for that purpose such  estate and interest so vest then sure they be to determine what be vest for I  know not what word can be invent to give they such a power if these word will  not do it which be in the Act foe and holt KB this clause be the foundation  and the rest be only subservient and directory and if they have not power to  determine why shall the word determine be in the same clause foe then there be  encouragement to any discoverer to who the chief governor of Ireland be to  give money on their certificate and if they can not determine such discovery  when make then the revenue of Ireland be to be give for nothing it must also  be intend that Mr Dixon the lessor of the plaintiff in the original action  have sufficient notice accord to the Act and beside that he claim and his  claim be dismiss and so by the express word of the Act he holt KB er p be  conclude and the trustee be judge of record and therefore it must be intend  they do right accord to their duty if the contrary do not appear then the  underlessees and farmer be compel by this Act to pay their rend to the trustee  which can not or will not be if the trustee have not a good title by their  determination again the trustee by their warrant can compel sheriff to give  possession to their vendees and so upon the whole matter if the trustee have  not power to determine this whole Act have be both unjust and nugatory as to  the other point which be a objection make by sergeant Broderick that this Act  do not allow any person to claim a inheritance it be certain that any person  who claim the inheritance may come in on the summons and proceed of the  trustee or else they may claim for in the claim clause these word be or any  other estate and sure that shall extend to a estate of inheritance I think  that this gentleman S claim have be full hear and his title determine accord  to the method prescribe by this Act of parliament that the pretend new find  title shall not have be allow to be give in evidence there be a fault in the  special verdict for by the Act right of entry and right of action be give to  the trustee and they only find that the late king James be neither seize  possess or interest or any one to his use or in trust for he at the time of  his accession to the crown but do not say that he have not either right of  entry or right of action as they shall do sir John Hollis for the defendant if  there be a Act of parliament to sell land and there happen a dispute about the  title be not this to be try at the commonlaw so whether a man be a bankrupt  and what be holt KB his land be triable at law so what estate belong to  attaint person and what to the late king James be triable by a jury and this  Act of parliament do not by express word alter the law in that point and we  shall I hope give it no equitable construction against great Charta because  the vest clause do only give they power to sell such estate it must be allow  that it well do of the trustee to sell such estate as be vest in they but I  believe that no man will say that the trustee may sell what land they think  fit which the parliament do not think fit to give they I know that for this  reason that Act be then and since by some think defective but the parliament  will never mend the same therefore the question be not here what ought to be  but what be their power as I take it by this Act it be like the power give to  commissioner of bankrupt for the trustee can never by this Act determine any  thing summary but what be vest in they which be no more than what commissioner  of bankrupt can do the commissioner of bankrupt can sell till they know what  they have no more can the trustee so if we consider all the power give to the  trustee by this Act it will appear to be just equal to the power give to  commissioner of bankrupt all the forfeit estate c be by this Act vest in the  trustee but the Act do not thereby determine what estate be forfeit c nor who  be attaint as to the encouragement to discoverer that make nothing because the  discoverer be not to be pay till discovery be determine and if the land be in  they they may convey they and give warrant to sheriff to put purchaser into  possession second point this true that estate of inheritance be to be claim c  by this Act but that be only to be by the word and sense of the Act reversion  or remainder upon particular forfeit c estate or any encumbrance or charge  upon they for beside what sense can there be if every man who have a estate in  feesimple in Ireland shall be oblige to claim his estate before the trustee  though be and his ancestor be in possession never so long and then will it be  in the power of trustee to determine every man S estate in Ireland and say  they do belong to the late king James or to forfeit person this be so great a  absurdity that I think no reasonable man can suppose and yet this be our case  for the special verdict find our title find our possession all holt KB along  and until these gentleman go over there S no title find in the trustee but  their own judgement which I think will give none for our claim give no title  at all attorneygeneral we agree that claim or not claim make nothing on the  case for the claim give no title I do not think the parity between the power  of trustee and of commissioner of bankrupt will hold for the former have a  power to determine and then to sell but the late have only a power to sell  holt KB er p holt CJ be there any thing vest in the trustee but those land c  which be forfeit and those which do belong to king James sure no then this  reasonable for the trustee to have power to send for person paper and record  to reduce these forfeiture to a certainty but sure that can by any  construction be intend a power to they to determine what estate and what land  be in they and what belong to other person who do not forfeit but this  reasonable that those who have encumbrance c reversion and remainder on  particular forfeit ed c estate shall claim I think the find in the special  verdict good enough Powell I sure the vest clause do vest no more in the  trustee than what be forfeit or do belong to the late king James and if these  land be not vest nor do belong to king James then they be not vest in the  trustee and if they be not vest then they can not convey the same to Mr  annesly as to the mischief to the purchaser this true it may be great but it  may be a very great mischief and injustice if the trustee sell people S land  because they say they do belong to a forfeit person or to king James caveat  emptor all the land of forfeit person be in the crown by the law of the land  but then there must be a office of information which be traversable if we take  the commission here give to the trustee as to this point to be in lieu of such  office as I think it can be no more then sure this and ought to be traversable  powys I say that the mischief will be so great to the purchaser and the great  security of the nation so lessen thereby that it will be of very great and  dangerous consequence if this judgement stand and he do very much believe that  if this judgement stand no purchaser will be safe for at least action do wait  on the success of this cause and papist will never want deed holt KB and  settlement to trump up to serve their turn and by that mean this Act of  parliament which be design for good end videlicet to raise money and quiet the  kingdom of Ireland will have a quite different effect videlicet to deceive all  those who purchase under it and enforce almost the people of England to give a  tax to pay this money back for the support of the credit of the nation gold I  will say nothing till the next argument