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the death of the said tenant for life, &c., take out of Proceeding by chancery a writ of inquiry directed to the sheriff of the their esecutors. to charge the county where such trees stand, (for the sealing of which remainder-man.
18. shall be paid) empowering the sheriff, within 21 days after the receipt of said writs, to inquire by a jury, (having first given to the party so in possession, or his gnardian, if residing within said county, 15 days notice of the time and place of bolding such inquiry; or if they are not residing within the county, such notice as by said court shall be thought reasonable,) into the full value of the trees planted; which value, when so ascertained, shall be signed by the sheriff and jurors, and returned into chancery the first day of the next term; for which inquiry and return the sheriff shall receive 13s. 4d. And the chancellor shall within the said, term, upon prayer or motion of the person entitled to the benefit of the inquiry, or of the person so in possession, by his counsel, upon proof of any fraud or corruption in the said sheriff or jurors in holding the said inquiry, grant a new inquiry to be held within the same time, in the same manner, and at the same charges as the former inquiry: But if no complaint shall be made, or if such complaint shall be disallowed, or if another inquiry shall be so held, and certified into chancery, the person entitled to the benefit of the inquiry shall give notice to the person so in possession, 15 days before he shall move for a decree for a moiety of the value of the trees so certified, and the chancellor, &c., shall on such motion decree to the said executor, &c., one moiety of the value so returned; which decree, when inrolled, shallfrom such inrolment charge the estate so descended, as a judgment does an estate in feesimple, and shall bear interest from the time of such inrolment; for which inrolment, and a copy thereof, (which copy shall be evidence in any case concerning said moiety) 28. 6d. shall be paid: And the said moiety so decreed, shall be assets in the hands of the said executor, &c., to be applied as the other personal assets of the said tenant for life, &c. Provided (s. 2.) that if the person in pos
session of the estate by virtue of such remainder, shall Remainder man
give moiety choose to give the moiety of the trees to the executor, in kind.
&c., in kind, then the said executor, &c., shall be obliged to accept said moiety, and shall have free ingress, egress, and regress, for a reasonable time, to cut and carry away said trees. But by s. 3. if any person in possession of $. 3. any estate by virtue of such remainder shall cut or carry,
". Penalty for culaway, or suffer to be cut or carried away, any trees so ting before value planted, between the death of such tenant for life, &c., a and such inquiry held, then the said executor, &c., shall be entitled to, and shall have a decree for, the full value of the trees so cut, &c. The 5 Geo. 3. c. 17. Ir. further enacts, that from the Lessees for lites
lironown for renewable for 1st September, 1766, tenants for lives renewable for ever, paying the rents and performing the other covenants in trees planted.
5 Gro. 3. c, 17. their leases, shall not be impeachable of waste in timber s. 1. Ir. trees or woods which they shall hereafter plant, any corepant in leases or settlements heretofore made, law, or usage to the contrary notwithstanding. And by s. 2, s. 2. from the time any tenant for life or lives, by settlement, rem dower, curtesy, jointure, lease, or any office, civil, mi- entitled to osiers,
oc, planied. litary, or ecclesiastical, impeachable of waste, for any tenant for years exceeding 12 years unexpired] shall plant sally, osier, or willows, the sole property of such sliall, during the continuance of the term, vest in the . tenant, and le may cut and sell the same; and if such tenant-sliall plant any timber trees of oak, ash, elm, fir, and to boles,
U &c., out of timpinc, walnut, chesnut, horse chesnut, quicken or wild ber vrees during ash, alder, poplar, or other timber trees, such tenant, term. during the term, shall be entitled to house-bote, ploughbote, cart-bote and car-bote of such trces; and at the espiration of the term, or where such trees shall have at- and 10 trees tained maturity, shall be entitled to said trees, or the afier, &c. value of them: Provided (s. 3.) that each person so s. 3. planting shall, within 6 months after such planting, lodge
Trees to le with the clerk of the peace of the county where such plantation is made, a certificate under the hand of the tenant, containing the number and kind of the trees planted, their height, and year's growth at the time of planting, and a clear description of the places and manner wherein they shall be planted; which certificate shall be kept on a separate file amongst the records of the VOL. I.
Time allowed før Citling.
county, and entered in an alphabetical book by the deno-
Reversioner may purcha.e the trecs.
compensation to be made, if any such be; which, with the record of such judgment and recognizance, shall be by the justice, at the instance of the party interested, certified into chancery ; and execution shall issue thereupon as usual in recognizances taken before a master of that court: But if such petitioner shall fail to give such security, at such session, according to such notice, the property of such trees shall remain in the tenant. And by s. 6. if more than one person entitled to such reversion shall petition, that person shall be preferred who has the most immediate title to the reversion. And by s. 8. where the reversion belongs to a minor, and the court of chancery shall adjudge, that it is for the benefit of the minor to purchase such trees, the guardian shall have allowance for what he pays, and expenses, for such purchase. And if the person purchasing such trees shall be tenant for life, or in tail, impeachable of waste, such purchaser shall stand in the place of such planter, and such trees, if not felled by him during the subsistance of his title, shall be felled or valued according to the rates of this act. And in order to ascertain what compensation shall be made by such tenant, entitled by this act to fell trees, after the expiration of his term, such tenant may by s. 9. $. I. petition the justices, giving the reversioner like notice, and on the tenants giving the like security by recognizance, the court shall by a jury ascertain the damages, and the like reinedy shall be on the buyer as by s. 5. But by s. 7. this act shall not extend to leases made by s. 7. guardians of minors, or custodees of lunatics or idiots,
Tenants exeepor to any persons in possession as creditors by mortgage, ted. custodiam, elegit, or otherwise, or deriving under such only, or to any tenant who shall be evicted for non-payment of rent. By s. 10. tlie fees of the clerk of the s. 10. peace for iling and entering every petition shall be 6d.; for filing and copying every affidavit 6d.; for making and filing every recognizance, 2s. 6d.; for rule for trial and precept to tlie sheriff, each party, 1s.; for making, recording, and certifying the same to chancery, 6s. 81. The several exemptions, privileges, and encouragements 7 Geo. 3. c. 20. granted to tenants for lives renewable for ever hy this S. 2 G 2
S. 11. Ir.
Fee farmers to act, are extended to persons holding by fee farm, by the have like privi. leges.
prodle 7 Geo. 3. C: 206 s. H. Ir. And by the 17 & 18 Géo. 3. 17 & 18 Geo. 3. c. 35. s. 1. Ir. the surrender of any lease for years to c. 35. s. 1. Ir.
any body corporate for the purpose of taking a new Renewed leases. Jease, shall not be considered an expiration of the term
so far as respects the 5 Geo. 3. c. 17. supra.* Tenant for life, The 23 & 24 Geo. 3. c. 39, Ir. is intitled an act to or for 14 years, may cur trees' amend the laws for the encouragement of planting timber during term.
trees: and recites that the former laws have proved in23 & 24 Geo. 3.
effectual; and enacts that any tenant for life or lives, by settlement, curtesy, jointure, lease, or office civil, military, or ecclesiastical, impeachable of waste, (or any tenant for years, exceeding 14 years unexpired,] who shall plant any timber trees of oak, ash, elm, becchi, fir, alder, or any other trees, shall be entitled to cut, sell, and dispose of the same, or any part, at any time during
the term: Provided (s. 2.) that such tenant shall within woon registering 12 calendar months after such planting, lodge with the in this form. clerk of the peace of the county or county of a city,
where such plantation shall be made, an affidavit sworn before a justice of such county,, reciting the number and kinds of trees so planted, and the name of the lands, ir forin following: “I A. B. do swear that I lave “ planted, or caused to be planted, within 12 calendar “ months last past, on the lands of an in the “ parish of , held by me from
the " following trees: (here reciting the number and kinds “ of trees) and that I have given notice to the person or
persons under whom I immediately derive, or his, her, “ or their agent, of my intention to register said trees, “ 20 days at the least previous to this day, and that I “ have given notice of my intention to register said trees “ by public advertisement in the Dublin Gazette, 30 “ days at the least previous to the date hereof," or else, “ and that I have also given notice of the same in writing “ to the head landlord, owner or owners of said ground, " or his or their agent, 20 day's previous to the date “ hercof (as the case may be);" which affidavit the
i Referred to by this act, as passed in the 6th grar of his present majesty.