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. Tenant may sell his right to trees s. 7. s. 8. By s. 7. any tenant may sell his right in said trees or coppices, or any part of the same, to any person under to 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 transfer 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 affidavits in this act mentioned, and alphabet the same in the same 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 6; 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 shall 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 principal 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 trees shall belong to said landlord as if they were his own original right or royalty, notwith standing s.9. Damages by tenant cutting, how assessed. s. 10. Reversioners may oblige tenants to sell to them. Value, hote ascertained. withstanding any intermediate term that may exist between the term of the under-tenant, and the estate of the landlord. By s. 9. when the term of the tenant entitled to the property of the trees by this act, shall be for life, or uncertain, the said tenant shall have liberty, for 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 them, call in a third. This act provides (s. 10.) that if any person entitled to the reversion or inheritance of the 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 his 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 impannelled, to try and determine the value of said trees, allowing for the expense of felling 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 if. said reversioner, &c., shall not pay to the said tenant, or to his representative, the sum so awarded, or lodge 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 s. 11. Sale by private 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 his representative, entitled to cut down trees as aforesaid, shall sell his right 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 Surrender no taking a new lease thereof, shall not be considered as an ease. 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.. this act shall not extend to trees planted in pursuance of any covenant contained in any lease, nor to affect or invalidate any such covenant. Nor, by s. 22., shall it extend to tenants evicted for non-payment of rent. These several statutes passed in Ireland for the encouragement of planting, seem to be peculiar to this country; no sta tute s. 12. expiration of s. 21. Provisces. 8. 22. Right of clergy 28 Hen. 8. c. 11. s. 6. Eng. Freehold rents recovered by ex 11 Geo. 2. tute in England having given to tenants for life, the property in trees which they shall plant. With respect to the right to emblements, which is anoto enablements. ther incident to estates for life, the 28 Hen. 8. c. 11. s. 6. Eng. provides, that in case any incumbent shall happen to die, who hath caused any of his glebe lands to be manured and sown, at his proper costs and charges, with any corn or grain; in that case, such incumbent may make and declare his testament of all the profits of the corn growing upon the glebe lands so manured and sown. I do not find that the right of the parochial clergy in Ireland to emblements is declared by any Irish statute. As to the under-tenants or lessees of tenants for life, ecutors of tenant the 11 Geo. 2. c. 19. s. 15. Eng. recites, that where for life. any lessor or landlord having only an estate for life in the lands, &c., demised, happens to die before or on the day on which any rent is reserved or made payable, such rent, or any part thereof, is not by law recoverable by the executors or administrators of such lessor or landlord; nor is the person in reversion entitled thereto, any other than for the use and occupation of such lands, &c., from the death of the tenant for life; and for remedy thereof enacts, that where any tenant for life shall die before or on the day on which any rent was reserved or made payable, upon any demise or lease of any lands, &c., which determined on the death of such tenant for life, the executors or administrators of such tenant for life may recover in an action on the case, from any such undertioned in case of tenant, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent, according to the time such tenant for life lived of the last year, or quarter of a year, or other time in which the said rent was growing due, making all just allowances, or a proportionable 23 & 24 Geo. 3. part thereof respectively. The 23 & 24 Geo. 3. c. 46. s. 1. Ir. is nearly corresponding, which provides, that where any tenant for life shall die before or on the day, on which any rent was reserved or made payable, upon any demise or lease of any lands, &c., which shall determine on the death of such tenant for life, the executors, administrators, And rent appor the death of such Landlord before gale day. 46. s. 1. Ir. 8. 2. Rent apportioned in case of administrators, or assigns of such tenant for life, may death of cestui que vie before death of ees ui que vies sup The 19 Car. 2. c. 6. Eng. may be also referred to this Evidence of the place, which is intitled an act for redress of inconveniencies by want of proof of the deceases of persons be- plied. yond the seas, or absenting themselves, upon whose lives 19 Car, 2. c. 6. estates Eng. |