case richard ryland appellant james roch green and other respondent d may  where a person sue as a protestant discoverer under the popery act he become  entitle to the rend and profit of the estate from the time of fill his bill  and if he die pen the suit have make a will those rend and profit will belong  to his devisee but such devisee can regular exhibit a bill of revivor but must  exhibit a original bill as a protestant discoverer in his own right order of  the Irish exchequer reverse by a act of parliament make in Ireland Ann it be  among other thing enact that every papist or person profess the popish  religion shall from and after the that day of march be disable and make  incapable to buy and purchase either in his or their own name or in the name  of any other person or person for his or her use or in trust for he or her any  manor land tenement or hereditament or any rend or profit out of the same or  any lease or term thereof other than any term of year not exceed thirtyone  year wherein a rend not less than twothirds of the improve yearly value at the  time of the make such lease of the tenement lease shall be reserve and make  Payable during such term and that all and singular estate term or any other  interest or profit whatsoever other than such lease not exceed thirtyone year  as aforesaid of in or out of such land tenement or hereditament from and after  the say that day of march to be buy and purchase by or for the use or behoof  of any such papist or person or person profess the popish religion or upon any  trust or confidence mediate or immediate to or for the benefit use or  advantage of any such person or person profess the popish religion shall be  utter void and of none effect to all intent construction and purpose  whatsoever and by another act of parliament make in that kingdom in the that  year of the same reign recite the former act it be brown further provide and  enact that all such land tenement and hereditament convey or lease or to be  convey or lease to any papist or person profess the popish religion or to the  use of or in trust for any papist or person profess the popish religion  contrary to the true intent and meaning of the say act and all collateral  security as be or shall be make or enter into to cover support secure or make  good the same shall and may be sue for by any protestant or protestant by his  her or their proper action real personal or mix find on the say act in any of  her majesty court of law or in any court of equity if the nature of the case  shall require it and the plaintiff or demandant in such suit upon proof that  such purchase or lease be make in trust for any papist or person profess the  popish religion or under any confidence to or for any papist or person profess  the popish religion or for his her or their benefit or advantage by receive  the rend issue or profit thereof or otherwise shall obtain a verdict and  judgement or a decree thereupon and shall recover the same and have execution  to be put into the seize and possession thereof to hold and enjoy such land  tenement and inherit brown er p ments accord to the estate use trust interest  or confidence which such papist or person profess the popish religion have or  shall have have therein have he she or they be qualify to purchase hold or  enjoy the same subject nevertheless to all such rend covenant and condition  reservation and encumbrance whatsoever as same will have be subject to in the  hand of such papist or in the hand as of such person to who the same be sell  or lease in trust for such papist person profess the popish religion or to his  her or their use benefit or behoof Benjamin green decease on the that of  February exhibit a bill in the court of exchequer in Ireland against Edward  Fitzgerald the appellant and other set forth that one Michael Murphy be seize  in feesimple of the town and land of williamstown in the county of Waterford  and have mortgage the same to one Edward brown do afterward execute a absolute  conveyance of the equity of redemption thereof to the say Edward Fitzgerald  and his heir in consideration of pound but that the say Edward Fitzgerald be  then and always a papist be preclude and disable from enjoy the benefit of the  purchase by the say statute and that the estate or interest mean or intend to  be sell and convey to he as aforesaid be null and void in respect of himself  and subsist only for the use and advantage of a protestant discoverer or  inform as a forfeiture grant to he by virtue of the last mention act but it be  thereby further suggest that in order to protect and secure the purchase which  the say Edward Fitzgerald have so make and to elude the several disability and  incapacity lie upon he by the say statute the appellant have be prevail upon  to exhibit a bill in the court of chancery in the say kingdom against the say  Edward Fitzgerald and other claim the whole benefit and brown advantage of the  say purchase and also of the mortgage which be charge to have since come to  and vest in the say Edward Fitzgerald as the first protestant discoverer  entitle thereto under the say act of parliament but that such bill be exhibit  only in trust for the say Edward Fitzgerald and that the same or any recovery  or other subsequent proceed thereupon can not be any bar to the say Benjamin  green but that he ought notwithstanding to be look upon as the first true and  real protestant discoverer and therefore the say Benjamin green by his bill  pray to be decree to the say land or to such interest the rein as be intend  for the say Edward Fitzgerald or the say mortgagee who be both allege to be  papist after the appellant and the say Edward Fitzgerald and the other party  have several put in their answer and thereby full deny all the material  allegation of this bill the say Benjamin green pursuant to a order of the that  of may exhibit a supplemental bill against the appellant and the say other  party suggest that since the time of his exhibit his original bill he have  make further discovery of several fact and circumstance tend as he allege to a  further manifestation of the suppose trust between the appellant and the say  Edward Fitzgerald and which he therein disclose and set forth at large but  before all the party can put in their answer thereto the say Benjamin green  die have in his last illness make his will and thereby devise to his son the  respondent James roch green all the benefit of the say discovery and likewise  of all the pass and future proceed of the say information and of the decree to  be pronounce thereupon and thereof appoint the respondent green and Colles  executor the executor have prove the will exhibit a bill of revivor against  the appellant and the say Edward Fitzgerald and the other party pray that the  say several bill and the proceed have thereon respective may be revive and  stand in the same plight and condition in their name as the same stand at the  time of their say testator a death and that they may be admit to prosecute the  say suit in their own name and have the same benefit as the say Benjamin green  will have have be he then live and that such of the defendant as have not  answer the say supplemental bill may answer the same to this bill of revivor  the appellant put in a demurrer and for cause of demurrer show that by the  rule of law or equity no bill of revivor do lie or can regular be bring in  this or any such like popular suit or information and for that if any such  bill do lie yet in regard the interest thereby demand be in the nature of a  inheritance and that neither of the complainant claim the same as heir at law  but only by a devise and in a course of executorship they be not as such  entitle to have exhibit or maintain any bill of revivor brown er p this  demurrer come on to be argue on the that of July before the chancellor  treasurer Lord chief baron and other brown baron of the say court of exchequer  and on the next day they be please to order that the same shall stand overrule  with cost the appellant therefore appeal from this order contend n fazakerly W  Murray that where by any penal statute a forfeiture be annex to that which be  no offence before and the right of sue for it be give to any common informer  no transmissible interest estate or title can vest in he before judgement be  first obtain for recovery thereof that in the present instance the first  discoverer can only be consider as a common informer since he have bare a  right of action give he by the abovementioned penal statute but if any such  estate or interest have devolve upon the respondent Colles and green by virtue  of the devise in green will they ought to have entitle themselves thereto by a  original bill and not by a bill of revivor which can regular be exhibit by a  devisee to this it be answer d rider I strange that by the aforesaid act of  parliament Benjamin green the first protestant discoverer become entitle to  the rend and profit of the estate from the time of fill his bill which must  therefore rend a go to his devisee or representative after his death and  whatever interest vest in he it be in his power to dispose of by his will  though he have not the actual possession that as this estate be to be consider  as a interest vest in Benjamin green on fill his bill it be apprehend that the  respondent James green be well entitle to it by descent from his father to who  he have show himself to be son and heir although he shall not be so entitle as  devisee and the title of green executor be good as to the rend and profit of  the estate which accrue in his lifetime and which therefore entitle they to  revive the former suit and that though a devisee can as such bring a bill of  revivor because that be confine to the representative of the plaintiff yet he  may bring a bill in the nature of a bill of revivor to have the benefit of the  former proceed it be therefore hope that the order for overrule the demurrer  will be affirm with cost but after hear counsel on this appeal it be order and  adjudge that the order therein complain of shall be reverse and that the  demurrer shall be allow without prejudice to the respondent green and Colles  or either of they bring a original bill for the premise in question as  protestant discoverer in their own right as they shall be advice jour vol p