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clerk of the peace shall keep on a separate file, amongst Duty and fees the records of the county, and enter in an alphabetical of clerk of price. 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, bd.; and to which book and ailidavit 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 asfidavits 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, com wbich he is not bound by his lease to enclose or preserve, hou cube and wl.ich 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 s.4. same, he must give notice at a quarter sessions to be held
Notice of enfor said county, that he intends to enclose said ground clusing coppice. witbin the space of 12 calendar months then next ensuing, in form following: “I A. B. do hereby give notice, “ that I intend to enclose acres or roods, (as the 6. case may be) of the lands of , in the parish of “ , held by - from
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 froni whom such lands are holden, or his agent. Anel by s. 5. in sa order to entitle himself to any benefit from said enclosure, the tenant shall also within 6 calendar months
Notice to be
Map thereof to after said enclosure, lodge with the clerk of the peace a map affidabile si corn of the ground so enclosed, and an affidavit sworn before
some justice of said county, in form following : “ I A. B.
of my skill and judgment, and that they amount to no - more than trees, of the following kinds there “ 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 filed. 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 Mode of avoid
talent or enclosure registered in pursuance of this act may be, registries, who shall think himself aggrieved by a fraudulent regis
try, may apply to the justices of said county, at any time within 12 months after such registry, (or if lie be
a minor at the time of registering, within 12 months after he shall arrive at the age of 21) which justices, on receiving a petition complaining of a fraudulent registry, and also an affidavit that notice of such intended complaint had been served on the tenant 21 days before such quarter sessions, shall cause a jury to be impanelled, who shall decide whether the registry be a true registry or not; and if they shall find it to be a false registry), then the same shall be deemed void; but if they shall find for the tenant, then the registry shall be deemed good, and their verdict in both cases conclusive. By s. 7. any tenant may sell his right in said trees or Tenant may sell
his right to trees coppices, or any part of the same, to any person under lo landlord. whom he may derive mediately or immediately; and such person shall have all rights and privileges therein by this act secured to said tenant. But by s. 8. no sale or trans- s. 8. fer shall be good, unless and until the same be done in
How such sale writing, and signed by the tenant with his name or mark, shall be. attested by 2 witnesses, and an attested copy of said writing or instrument lodged with the clerk of the peace, in open court, at some quarter sessions for the county, or county of a city, having been first proved to be a true copy by some credible witnesses upon oath before the justices at said sessions ; which copy the clerk of the peace shall keep on the same file with the aslidavits in this act mentioned, and alphabet the same in the saine book, for which he shall receive from the purchaser 1s.; and to said book and affidavit all persons shall have access at any time, paying 611 ; and an attested copy of such writing, &c., signed by the acting clerk of the peace, shall be evidence of the due registry of such writing; and such copy the clerk of the peace shall be obliged to give on receiving 6d.: And any clerk of the peace refusing to give such copy within 3 days after it siiall be demanded, shall forfeit £5, to be recovered by civil bill, by any one who shall sue for the same within 6 months. And if the head or p.incipal landlord shall purchase the said trees or coppices from an under-tenant, having a right to sell the same, then, from the registry of the sale as aforesaid, the said tree shall belong to said landlord as if they were his own original right or royalty, pot
tenants lo se!
to sell to them,
withstanding any intermediate term that may exist
between the term of the under-tenant, and the estate of 5. 9.
the landlord. By s. 9. when the term of the tenant en
titled to the property of the trees by this act, shall be for Damages by tenant cu'ting, life, or uncertain, the said tenant shall have liberty, for how assessed.
one year after the expiration of his lease, to enter upon said lands, and to cut, carry away, and dispose of said · trees, making such compensation for damages incurred by so doing, as shall be awarded by 2 of the neighbours, who shall be appointed by the next residing justice of peace for the county, by an order under his hand, and
which 2 neighbours shall, in case of difference between s. 10. them, call in a third. This act provides (s. 10.) that if
any person entitled to the reversion or inheritance of the Reversioners mury oblige said lands, mediately or immediately, shall be inclined
to purchase said trees, such person may at any time within 6 calendar months, serve a notice in writing to said tenant to desist from cutting said trees, who shall thereupon desist; and the persons so entitled may apply by petition to the justices at some quarter sessions for said county, or county of a city, setting forth his title, and bis intention to purchase said trees, and upon said petition received, and proof made to said justices that notice was duly served on said tenant, 21 days before the quarter sessions, of the landlord's intention to apply as aforesaid, then said justices shall, (either at said quarter sessions, or at the next ensuing, at their discretion,
cause a jury to be inipannelled, to try and determine the Falue, horu
value of said trees, allowing for the expense of felling ascertained. them, and for the damage that would be incurred by so
doing; and the justices shall, on receiving the verdict, immediately declare in open court, the sum to be paid by the inheritor or reversioner for said trees; and it. said reversioner, &c., shall not pay to the said tenant, or to his representative, the sum so awarded, or ludge the same with the county treasurer for the use of the tenant, or his representative, at or before the next general quarter sessions, then the justices at said next quarter sessions shall declare in open court, that the said trees are the property of said tenant, or his representative; and
the same shall have power to enter upon said lands, and to cut and take away said trees during 6 months then next ensuing, between sun-rise and sun-set, without paying compensation for any damage he shall do, unless he shall commit wanton and unnecessary damage, upon affidavit whereof the next resident justice shall cause such wanton damage to be valued by 2 neighbours, who in case of difference shall call in a third. And if there shall be more than one claiming to become purchasers of said trees, at the proper time of claiming as aforesaid, the justices at said sessions shall, in a summary way, decide which claimant shall be preferred, preferring the more remote inheritor or reversioner to the more immediate. By s. 11. if any tenant or bis representative, en s. 11. ? titled to cut down trees as aforesaid, shall sell his right
Sale by pricale to the same to any reversioner or inheritor by private bargain. bargain, and that said sale shall be registered, as prescribed in this act, within the 6 months during which he has a right to cut said trees, then said trees shall be deemed the property of the purchaser : and the fees to be taken by the clerk of the peace for filing and entering every petition shall be 6d.; and for filing and copying every affidavit, 6d.; and for registering a sale of trees, 6d. And it is declared by s. 12. that the surrender of any lease for years, or for a life or lives, of any lands to any body corporate, ecclesiastical or lay, for the purpose of exm
Surrender no taking a new lease thereof, shall not be considered as an bease. expiration of the term surrendered, so far as respects this act, but that every: renewal shall be considered as a further continuance of the original term, and the tenant shall enjoy all benefit of planting given by this act, as fully as if the additional term of years, or the additional lives, had been contained in his original lease. By s. 21.
s. 21. this act shall not extend to trees planted in pursuance of any covenant contained in any lease, nor to affect or in- Provisce". validate any such covenant. Nor, by s. 22., shall it extend to tenants evicted for non-payment of rent. These S. 22. several statutes passed in Ireland for the encouragement of planting, seem to be peculiar to this country; no sta