Time allowed for cutting.

$. 5.

Reversioner may purchase the trees.

county, and entered in an alphabetical book by the deno-
mination of the land in the said county; (which by the
15 and 16 Geo. 3. c. 26. s. 5. Ir. the clerk of the peace
is required to do, upon pain of forfeiting £5 to any
person who shall sue by civil bill) and such certificate, or
a copy thereof, attested by the acting clerk of the peace,
shall be evidence of notice of such plantation in all
courts; for filing of which certificate, alphabeting the
same, and making and attesting a copy thereof, the clerk
of the peace shall receive 1s, and for a copy of such
certificate 6d.; to which book and certificate all persons
may resort during each quarter sessions without fee. By
s. 4. where the term of the tenant is uncertain, such te-
nant paying the rent and performing the other covenants
in his lease, may, for one year after the expiration of his
term, enter on the lands, and cut in due seasons all the
trees so planted and registered, and manufacture the
same on the lands for one year next after such felling,
making reasonable satisfaction to the inheritor for the
trespass committed by felling, coaling, or manufacturing
the same: And where the expiration of the term is cer-
tain, the tenant during the last year of his term, paying
the rent and performing the covenants, may in like man-
ner cut and
such trees.
carry away
But by s. 5. any per-
son entitled to the reversion and inheritance of the lands,
mediately or immediately, shall be at liberty, during the
last year save one of the term, when the expiration is cer-
tain, and within 6 calendar months after the expiration
of a term for life or on any uncertain contingency, to
apply by petition to the justices of peace of the county
at their quarter session, and set forth his title and inten-
tion, giving the tenant 21 days notice; and upon enter-
ing into a recognizance with sufficient securities, condi-
tioned to pay such tenant such sums as shall be adjudged
to be the value of said trees, according to the rules of
this act, the property of the trees shall, from the time of
such notice, vest in such petitioner; and the justices shall,
at the same or ensuing session, by a jury of freeholders
of the county, ascertain the value of the trees when
felled over and above the expense of felling, and the

com

And

s. 6.

s. 8.

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. 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. 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 remedy shall be on the buyer as by s. 5. But by s. 7. this act shall not extend to leases made by guardians of minors, or custodees of lunatics or idiots, or 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. the fees of the clerk of the peace for filing 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 the sheriff, each party, Is.; for making, recording, and certifying the same to chancery, 6s. 8d. The several exemptions, privileges, and encouragements 7 Geo. 3. c. 20. granted to tenants for lives renewable for ever by this s. 11. Ir.

s. 9.

s. 7.

Tenants exeep

s. 10.

Fee farmers to have like privi

c. 35. s. 1. Ir.

act, are extended to persons holding by fee farm, by the leges. 7 Geo. 3. c. 20 s. H. Ir. And by the 17 & 18 Geo. 3. 17 & 18 Geo. 3. c. 35. s. 1. Ir. the surrender of any lease for years to any body corporate for the purpose of taking a new Renewed leases. lease, shall not be considered an expiration of the term so far as respects the 5 Geo. 3. c. 17. supra. *

Tenant for life,

or for 14 years, may cu trees during term.

23 & 24 Geo. 3. c. 39. Ir.

The 23 & 24 Geo. 3. c. 39. Ir. is intitled an act to amend the laws for the encouragement of planting timber trees and recites that the former laws have proved ineffectual; 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, beech, 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 upon registering 12 calendar months after such planting, lodge with the 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, in form following: "I A. B. do swear that I have planted, or caused to be planted, within 12 calendar "months last past, on the lands of

S. 2.

in this form.

held by me from

in the

the

" parish of
"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 days previous to the date "hereof (as the case may be);" which affidavit the

clerk

Referred to by this act, as passed in the 6th year of his present majesty.

clerk of the peace shall keep shall keep on a separate file, amongst Duty and fees the records of the county, and enter in an alphabetical of clerk of pace. book, by the denomination of the land; for filing which affidavit, alphabeting the same, and making and attesting a copy thereof, the clerk of the peace shall receive 15., and for a copy of the affidavit given at any after time, 6d. ; and to which book and affidavit any person may resort, during any quarter sessions of the peace for said county, paying 3d.; and such clerk of the peace shall read in open court, at every general quarter sessions, all affidavits as aforesaid which shall have been lodged with him since the preceding general quarter sessions, under the penalty of 20s. for every omission, to be recovered by civil bill, by any person who shall sue for the same within 12 months after the quarter sessions at which he ought to have so read such affidavit. And by s. 3. if any tenant as aforesaid shall enclose any piece of ground containing coppice wood, Coppice wood, which he is not bound by his lease to enclose or preserve, how cut. and which has not been enclosed or preserved from cattle for 5 years preceding, the said tenant shall have power to cut, sell, and dispose of the trees, which shall grow from said coppice during his term, leaving one timber tree on every square perch of such coppice where timber trees are growing. But by s. 4. before his enclosing the same, he must give notice at a quarter sessions to be held for said county, that he intends to enclose said ground closing coppice. within the space of 12 calendar months then next ensuing, in form following: "I A. B. do hereby give notice, "that I intend to enclose

66

case may be) of the lands of

. — held by

from

acres or roods, (as the

in the parish of
for the purpose

"of preserving the coppice growing thereon." Which notice shall be given to the clerk of the peace, and by him read aloud in the presence of the justices; and for so doing the clerk of the peace shall receive 6d. ; a copy of which notice shall be given to the person from whom such lands are holden, or his agent. And by s. 5. in order to entitle himself to any benefit from said enclosure, the tenant shall also within 6 calendar months

after

s. 3.

s. 4.

Notice of en

Map thereof to be lodged, and affidavit sworn.

Notice to be filed.

after said enclosure, lodge with the clerk of the peace a map

of the ground so enclosed, and an affidavit sworn before some justice of said county, in form following: "I A. B. "do swear that I have enclosed

perches of the lands of

acres,

in the

66 parish of, which I hold from, and that I have "counted the trees exceeding 6 feet in height, and "which are now standing thereon, according to the best of my skill and judgment, and that they amount to no 6 more than trees, of the following kinds (here " naming the kinds of trees, and the number of each "kind which they do not exceed) or else, and that there are no trees exceeding 6 feet in height, growing upon said lands so enclosed by me, (as the case may be) and that I "intend to preserve said lands so enclosed from cattle, for "the space of 5 years, that the copse may grow :" And the trees so standing shall continue to be the property of the person to whom they belonged before said registry; and the clerk of the peace shall keep the said notice, map, and affidavit, on the same file with the affidavits of trees registered by virtue of this act, and enter the same in an alphabetical book; for filing which notice, and map, and affidavit of such enclosure, alphabeting the same, and making and attesting a copy thereof, the clerk of the peace shall receive 1s., and for a copy of the notice and affidavit given at any time after, 6d. each; and to which notice, &c., any person may resort at any quarter sessions for said county; and such clerk of the peace shall read in open court, at every quarter sessions, all affidavits of enclosures made as aforesaid, which shall have been lodged with him since the preceding general quarter sessions, under the penalty of 20s. for every omission to be recovered by civil bill, by any person who shall sue for the same, within 12 calendar months after the quarter sessions at which he ought to have publicly read such affidavit. By s. 6. any person under whom the lands shall be held mediately or immediately, whereon the trees registered ing fraudulent or enclosure registered in pursuance of this act may be, who shall think himself aggrieved by a fraudulent registry, may apply to the justices of said county, at any time within 12 months after such registry, (or if he be

s. 6.

Mode of avoid

registries.

a minor