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writ, or tenant in possess on, shall not within the term after return of such writ, or the term following the same, cause an appearance to be entered in such court, then, the demandant having filed his declaration, the court shall proceed to examine the title of the demandant, and the quantity of his part or purpart of said lands; and, according as they shall find his right to be, shall cause judgment by default to be entered for the demandant, and award a writ to make partition, whereby such proportion may be set out in severalty ; of which writ notice shall be given to the occupier or tenants of said lands, &c., 6 days before the execution thereof; and the same being duly executed and returned, and final judgment entered, the same shall be conclusive to all persons, al. though all persons concerned are not named in the proceedings, nor the title of the tenants to the writ truly set forth. The other clauses of this statute, (s. 2. 3. 4. & 5.) are corresponding to those of the 8 & 9 W. 3. c. 31. Eng. supra. But this Irish act contains also clauses peculiar to itself, which may be stated in this place. By s. 7.
where the mears of lands between propriety and propriety Mears of lands set out by parti- shall be set out or ascertained by a writ of partition, perplanted,sc. ambulation, or otherwise, the same shall at equal charge
of the proprietors thereof, or their tenants, be enclosed with good ditches, where earth sufficient may be had, and one or two rows of quicksets shall be planted therein ; and where earth shall be wanting, such other fences shall be made as the nature of the soil shall permit. And by S. 8. where lands are held in fee farm, or for lives renewable for ever, the charge of making such fences shall be entirely borne by the tenant; [*and where lands are leased for lives, whereof 3 shall be current, or for years whereof 21 shall be unexpired, the said mears shall be enclosed at the equal charge of landlord and tenant;] and where lands are leased for any lesser term, the bounds shall be enclosed at the sole charge of the landlord. But by s. 9. this act shall not make void any covenants
heretofore made relating to the enclosing of mears. By 10, s. 10. any person chargeable by this act with the fencing of their bounds, who shall not have done the same within
6 sonths * Quere-Upon the Gida November, 1892.
8 months after such partition, shall forfeit one year's value of the land; one moiety to the poor of the parish, and the other to him that shall sue for the same : and if he shall further neglect to do the same within one year, he shall forfeit 2 years value to be paid and recovered as aforesaid. And by s. 11. all mearing, fences, ditches, and drains made or to be made, shall at all times at the equal charge of the tenants and occupiers of said lands be kept open, scoured, and cleansed, that the water may pass away; and whatsoever person shall refuse or neglect to do the same, shall forfeit one year's value of the said land, to be recovered in such manner, and to such uses, as aforesaid.
The 8 Geo. 1. c. 5. Ir. is another act to oblige propri- proprietors or etors and tenants of neighbouring lands to make fences neighbouring,
lands compellet between their several lands and holdings, and may be ble to make therefore stated in this place. By s. 1. if any proprietor,
8 Geo. 1. c. 3. occupier, or tenant, shall be desirous to make ditches or Jr. fences between his lands and holdings and the lands next contiguous, where no dispute shall have been, for 3 years then last past, about the mears between the said lands, &c., so intended to be fenced, and where no sufficient fences, or only dead and dry fenceless ditches then shall be, the proprietor, occupier or tenant of such neighbouring lands, un reasonable request, shall be at equal expense in making between such lands, &c., good ditches of 6 feet wide and 5 feet deep at least, where the same is practicable, well quicked in good husband-like manner with white thorn, crab, or other quicksets, where the same will grow; and, in ground where such quicksets will not grow, with furz; and where furz will not grow, or where ditches cannot be made of the said depth or wideness, instead of a ditch with a dry stone wall, where stone can be conveniently had, or, if not, with a clay or mud wall not under 5 feet high, and 2' feet thick at the bottom, and 14 foot thick at the top; and in wet low ground with sufficient trenches or drains, the banks thereof to be planted with sallaws, alder, or other aquatic trees where such aquatics will grow; and if any such proprietor, kc., of any neighbouring lands, shall refuse to settle and
ascertain the mears and bounds, in order to have fences made as aforesaid, he shall be compellable by bill in equity, or commission of perambulation, to ascertain such mears; and such neighbouring proprietors, &c., shall join and be at equal expense in making and preserving, scouring and repairing such ditches, trenches, drains, or fences as aforesaid, with such proprietor, &c., requiring the same: And if such neighbouring proprietor, &c., refuse, or for one year neglect so to do, then the proprietor, &c., so requiring the same, may make such ditches, &c., and the tenant or occupier of such neighbouring lands who shall have so refused or neglected to make such ditches, &c. shall pay to the person who shall make the same one moiety of what he shall reasonably, bona fide, and without fraud or malice, lay out in making such ditches, &c., and in planting such quicksets, and weeding them, and securing the same, together with legal interest, to be recovered by action of debt in any of his majesty's courts in Ireland, or if the sum be under £10, then by civil bill to be brought in the county where such fences shall be made, with treble costs. But by s. 2, there shall not be demanded above Is. 6d. per perch of such stone or other wall, or above 1s. per perch for such ditch, &c,, as aforesaid ; and if, after sich ditches, &c., are made, the person on whose lands the same be, and who ought to keep up the same, do not weed such quickset, and mend, preserve, and keep up such fences, or bis part thereof, as he ought to do, such person shall have no remedy for any involuntary trespass committed by the cattle of the proprietor, occupier or tenant, of the neighbouring lands, on his lands, occasioned by such default of his. By s. 3, every person compellable by this act to ditch and fence, or to pay for the same, who shall not have an estate for life, or 11 years, in his lands, at the time he shall be requested to fence as aforesaid, is enpowered to deduct out of his rent what he shall lay out, expend, or pay; first proving on oath before the justices of peace of the county where such lands lie, at their general quarter sessions, what be so laid out, &c. And by s. 4. no tenant or farmer for life, or years, shall be
obliged to ditch or fence above one-fifth part of his lands or holdings in any one year.
And this act provides (s. 5.) that where the bounds and Where mears mears between lands shall run in crooked lines, or through may be made
crooked, they places inconvenient for making such ditches or fences as aforesaid, the persons whose lands are so contiguous, and for the purpose. to be bounded by a fence, may by consent of the tenant of the lands, and the immediate proprietor in reversion expectant on the lease then in being, appearing by writing under hand and seal, attested by 3 witnesses, make the boundaries in straight lines in more convenient places, and exchange the lands on one side of such straight line or fence, for the lands of equal value on the other side of such right lines ; so as such reversioner be seised of the lands which he shall so grant in exchange at the least for the term of his own life, with remainder to his sons in tail male ; and if the lands left on one side of such straight line shall be of greater value than the lands taken in on the other side, then the proprietor to whom the greater proportion shall fall, shall be enabled to charge the same with a perpetual rent-charge, sufficient to countervail such difference; which renta' charge shall go to such person, for such estate, and to the same uses, as the land so charged ought to have gone; and the lands received in exchange shall go to such person, and for such estate, and for the same uses as the lands given in exchange ought to have gone, in case no such exchange had been made.' But by s. 6. no house, garden, orchard, wood, or grove, shall be included in such lands so to be exchanged. And by s. 7. all such exchanges or agreements shall be binding to all persons, notwithstanding any devise, settlement, or limitation of use : provided the lands só exchanged do not exceed 2 acres, plantation measure, in every 100 perches of such line or fence; each pe:ch containing 21 fiet. By s. 8. in case any person shall refuse to fence or plant according to this act, so as in default of so doing the proprietor, possessor, or tenant of the adjoining land shall fence and ditch between his land or holding and the neighbouring lands, &r., the person so diteling, &c., shall 21
and may ascertain and set out an equal proportion of such fence, which the tenant or occupier of the adjoining lands shall be obliged to keep in repair as his part of said fence, and to weed and preserve the quicksets if any planted thereon. Provided (s. 9.) that nothing herein shall avoid any covenants or contracts made between landlord and tenant for fencing, ditching, draining, and enclosing lands. And by s. 10. where landlords are obliged to allow their tenants for ditching or fencing between their holdings and their neighbours, such tenants shall, at the time of such allowance made, give security by their bonds, of the penalty of the whole sum so allowed, to such landlords, conditioned for the due and effectual weeding of such quicksets planted, and the preserving and keeping up the said ditches and fences, for which they shall be so allowed, during their respective terins in said lands, in good tenantable order and condition; and in case of refusal to give such bond, such tenant shall not have the benefit of such allowance. And by s. 12. no proprietor or lessor shall be obliged to pay or allow in any one year for ditching or fencing in pursuance of this açi, more than the 20th part of the annual rent payable out of such land to such proprietor, &c.; and the tenant of such proprietor, &c., sliall not be obliged to expend in any year, in making such fences, more than the 20th part of his rent payable to such proprietor, &c. But by s. 11. not::ing in this act shail oblige any proprietor, occupier, or tenant, to fence or ditch between any lands, whereof the plantation acre shall not at the time, when request shall be made for the doing thereof, be worth, and which shall not really pay the landlord, 2:. per annum above quit or crown rent. And by s. 13. no proprietor, tenant, or occupier shall be obliged, by virtue of this act, to fence in or enclose any land in any one park or enclosure, which shall not contain at least 10 acres plantation measure, with a ditch or fence of above 6 feet wide, and 5 feet deep; and the most usual ways and passages to and from intermised lands, surrounded by other proprietors, shall be left open as formerly. And by s. 14. no mears between lands belonging to several