Parties having limited interests, or being under disability, may sell and convey to grand juries tolls of bridges, in Ireland the On sales by such parties, the purchase monies shall be ascertained by a notary, and shall be de posited in the Bank of Ireland. panies, commissioners, corporations, and persons are hereby authorized to agree with the said grand jury or grand juries for the sale thereof, subject to the regulations and provisions in the said Act contained: And whereas it is expedient to extend the provisions of said recited Act by enabling persons having limited estates or interests in such tolls, and persons having estates or interests in the same being under legal disability, to agree with the grand jury or grand juries of any county, county of a city, or county of a town as aforesaid, for the sale of the absolute and entire interest in such tolls: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, I. THAT it shall and may be lawful for all or any of the parties herein-after enumerated, having estates or interests in such tolls upon any bridge as aforesaid, to agree with the grand jury or grand juries of the county, county of a city, or county of a town in which or within five miles of which such bridge is situated, or, if such bridge is situated in two counties, with the grand juries of the said counties, for the sale of the entire and absolute estate and interest in such tolls, that is to say, all tenants in tail or for life, or other partial or qualified estates or interests, married women seised in their own right, guardians, committees of lunatics and idiots, trustees, or any feoffees in trust for charitable or other purposes, executors, or administrators, for the time being entitled to the receipt of such tolls; and the power so to agree for such sale may lawfully be exercised by all such parties, not only on behalf of themselves, and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power if they had respectively been under no disability, and as to such trustees, executors, and administrators, on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same power if they had respectively been under no disability. II. IT shall be lawful for such grand jury or juries, and they are respectively hereby authorized and empowered, to enter into such agreements with such person or persons as if he, she, or they were entitled to an absolute estate or estates in the said tolls, and were legally competent to contract for the sale of the same; subject nevertheless to the proviso contained in said recited Act in relation to the manner and conditions of presentments to be made in pursuance thereof; and the amount of the purchase for such tolls upon agreements made under this Act shall be ascertained by a notary public, to be chosen and appointed for that purpose by the said contracting parties to such agreements; and such amount shall be estimated upon an average of the sum received for tolls upon such bridge for three years immediately preceding such agreement; and the purchase money which shall be payable in respect of the said tolls, or any interest therein, purchased by the grand jury or grand juries of any such county or counties, county of a city or town, as aforesaid, from any tenant for life or in tail, married woman seised in her own right, guardian, committee of lunatic or idiot, trustee, executor, or administrator, or persons having a partial or qualified interest only in such tolls, and not entitled to sell the same except under the provisions of this Act, shall be paid into the Bank of Ireland in the name and with the privity of the Accountant General of the Court of Chancery in Ireland, (but free from any charge for ushers poundage,) to be placed to the account there of such Accountant General, ex parte such grand jury or grand juries of any county, counties or county of a city or town, purchasing as aforesaid, pursuant to the provisions prescribed by any Act for the time being in force for regulating monies paid in as aforesaid; and such monies shall remain so deposited until the same be applied to some one or more of the following purposes; (that is to say,) In the discharge of any debt or incumbrance affecting the tolls in respect of which such money shall have been paid; In the purchase of lands to be conveyed, limited, and settled upon the like uses, trusts, and purposes, and in the same manner, as the tolls in respect of which such money shall have been paid stood settled; Or in payment to any party becoming absolutely entitled to such money : Provided always, that in every case where any person having an estate or interest in such tolls shall only be entitled for an estate for life in the same, it shall and may be lawful for such court (if it shall so think fit) to allocate the said purchase money to and amongst the several persons entitled thereto, whether in possession, remainder, or reversion, and to order payment to such tenant for life of the principal of such share of the purchase money as may be so allocated to him or her as aforesaid, or to make such other order in the premises as to such court shall seem meet and just and reasonable. III. SUCH money may be so applied as aforesaid upon an order of the Court of Chancery in Ireland made upon the petition of any party who would have been entitled to the tolls in respect of which such monies shall have been deposited, or any part thereof; and until the money can be so applied, it may, upon the like order, be invested by the said Accountant General in the purchase of government stock, and the annual proceeds thereof paid to the party who would for the time being have been entitled to the receipt of the said tolls. Application of monies deposited. Order for appliinvestment of such monies. cation and cease from the IV. FROM and after the payment of the said purchase money into the Bank The tolls to of Ireland as aforesaid the said tolls in respect of which such purchase shall time of such have been made shall cease, and the passage of such bridge in respect of which deposit in the such toll shall have been payable shall be open and free to all cattle, carriages, and persons whatsoever. Bank. VI. THIS Act shall extend only to that part of the United Kingdom called Extent of Act. Ireland. CHAPTER XXIV. AN ACT to amend the Acts for the granting of Sites for Schools. [24th July 1851.] WHEREAS by the Statute fourth and fifth Victoria, chapter thirty-eight, 4 & 5 Vict. power is given to divers persons therein mentioned to grant, convey, c. 38. Sect. 9. 12 & 13 Vict. c. 49. s. 3. The word parish in 4 & 5 Vict. and enfranchise a certain portion of land for the purpose of a site for a school for the education of poor persons, or for the residence of a schoolmaster or schoolmistress, or otherwise for the education of poor persons in religious and useful knowledge; and provisions are contained therein for facilitating the conveyance of such sites and perpetuating the trusts of the deeds: And whereas the persons therein mentioned having been authorized to grant any number of sites for distinct and separate schools and residences for the master or mistress thereof, it is provided that the site of each school and residence should not exceed the extent of one acre; and it is also provided that not more than one such site should be in the same parish: And whereas by the twelfth and thirteenth Victoria, chapter forty-nine, it is declared and enacted, that nothing in the last-recited Act contained should prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish should not exceed the extent of one acre: And whereas by reason of the great extent of some parishes, wherein the population is very large, this limitation is found to be productive of inconvenience, and to prevent the extension of the education of the poor; and it is desirable to make further provision in this behalf: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: I. THE word parish in the sections of the Statutes herein referred to shall, in the case of any parish which has heretofore been or shall hereafter be c. 38. s. 9. and divided by lawful authority into two or more ecclesiastical districts, whether confined to such parish, or comprising also any part of another parish, be construed with reference to such parish to signify each such ecclesiastical district. 12 & 13 Vict. c. 49. s. 3. to signify an ecclesiastical district in any divided parish. Incorporation of this Act with recited Acts. II. THIS Act shall be construed as and be deemed to be a part of the said recited Acts, except so far as it amends the same. On determination of leases or tenancies under tenant for life, &c., instead of emblements tenant to hold AN ACT to improve the Law of Landlord and Tenant in relation to Emble- [I. THAT where the lease or tenancy of any farm or lands held by a tenant at rackrent shall determine by the death or cesser of the estate of any landlord entitled for his life, or for any other uncertain interest, instead of claims to emblements, the tenant shall continue to hold and occupy such farm or lands until the expiration of the then current year of his tenancy, and shall La Section 1 is rep., so far as regards Ireland, 23 & 24 Vict. c. 154. s. 104.] tion of current year, &c. then quit, upon the terms of his lease or holding, in the same manner as if until expira such lease or tenancy were then determined by effluxion of time or other lawful means during the continuance of his landlord's estate; and the succeeding landlord or owner shall be entitled to recover and receive of the tenant, in the same manner as his predecessor or such tenant's lessor could have done if he had been living or had continued the landlord or lessor, a fair proportion of the rent for the period which may have elapsed from the day of the death or cesser of the estate of such predecessor or lessor to the time of the tenant so quitting; and the succeeding landlord or owner and the tenant respectively shall, as between themselves and as against each other, be entitled to all the benefits and advantages, and be subject to the terms, conditions, and restrictions, to which the preceding landlord or lessor and such tenant respectively would have been entitled and subject, in case the lease or tenancy had determined in manner aforesaid at the expiration of such current year: Provided always, that no notice to quit shall be necessary or required by or from either party to determine any such holding and occupation as aforesaid. under execu rent. II. THAT in case all or any part of the growing crops of the tenant of any Growing crops farm or lands shall be seized and sold by any sheriff or other officer by virtue seized and sold of any writ of fieri facias or other writ of execution, such crops, so long as tion to be liable the same shall remain on the farms or lands, shall, in default of sufficient for accruing distress of the goods and chattels of the tenant, be liable to the rent which may accrue and become due to the landlord after any such seizure and sale, and to the remedies by distress for recovery of such rent, and that notwithstanding any bargain and sale or assignment which may have been made or executed of such growing crops by any such sheriff or other officer. III. THAT if any tenant of a farm or lands shall, after the passing of this Act, with the consent in writing of the landlord for the time being, at his own cost and expense, erect any farm-building, either detached or otherwise, or put up any other building, engine, or machinery, either for agricultural purposes or for the purposes of trade and agriculture, (which shall not have been erected or put up in pursuance of some obligation in that behalf,) then all such buildings, engines, and machinery shall be the property of the tenant, and shall be removable by him, notwithstanding the same may consist of separate buildings, or that the same or any part thereof may be built in or permanently fixed to the soil, so as the tenant making any such removal do not in anywise injure the land or buildings belonging to the landlord, or otherwise do put the same in like plight and condition, or as good plight and condition, as the same were in before the erection of anything so removed: Provided nevertheless, that no tenant shall, under the provision last aforesaid, be entitled to remove any such matter or thing as aforesaid without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do; and thereupon it shall be lawful for the landlord, or his agent on his authority, to elect to purchase the matters and things so proposed to be removed, or any of them, and the right to remove the same shall thereby cease, and the same shall belong to the landlord; and the value thereof shall be ascertained and determined by two referees, one to be chosen. by each party, or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who shall have so elected to purchase the same. Tenant may remove build ings and fixtures erected farms, unless landlord elect by him on to purchase them. If a tenant quits leaving any tithe rentcharge unpaid, the landlord, &c. may pay the same, and recover from the outgoing IV. THAT if any occupying tenant of land shall quit, leaving unpaid any tithe rentcharge for or charged upon such land, which he was by the terms of his tenancy or holding legally or equitably liable to pay, and the tithe owner shall give or have given notice of proceeding by distress upon the land for recovery thereof, it shall be lawful for the landlord, or the succeeding tenant or occupier, to pay such tithe rentcharge, and any expenses incident thereto, and to recover the amount or sum of money which he may so pay over contract debt. against such first-named tenant or occupier, or his legal representatives, in the same manner as if the same were a debt by simple contract due from such first-named tenant or occupier to the landlord or tenant making such payment. tenant as if it were a simple Extent of Act. 48 Geo. 3. c. 110. 51 Geo.3. c. 101. 52 Geo. 3. c. 153. 54 Geo. 3. c. 102. 55 Geo. 3. c. 94. 1 Geo. 4. c. 103. 1 & 2 Geo. 4. c. 79. 5 Geo. 4. c. 64. 7 Geo. 4. c. 34. 11 Geo. 4. & 1 Will. 4. c. 54. 6 & 7 Vict. c. 79. 10 & 11 Vict. c. 91. Repeal of provisions as to fifteen days between salting and branding. Commissioners to regulate the time (being not more than fifteen days) between salting and branding. V. NOTHING in this Act shall extend to Scotland. CHAPTER XXVI. AN ACT to amend the Acts relating to the British White Herring Fishery. [*] WHEREAS the following Acts were passed for the encouragement and regulation of the British white herring fishery; viz., an Act of the fortyeighth year of King George the Third, chapter one hundred and ten; an Act of the fifty-first year of his said Majesty, chapter one hundred and one; an Act of the fifty-second year of his said Majesty, chapter one hundred and fifty-three; an Act of the fifty-fourth year of his said Majesty, chapter one hundred and two; an Act of the fifty-fifth year of his said Majesty, chapter ninety-four; an Act of the first year of King George the Fourth, chapter one hundred and three; an Act passed in the session of Parliament holden in the first and second years of his said Majesty, chapter seventy-nine; an Act of the fifth year of his said Majesty, chapter sixty-four; an Act of the seventh year of his said Majesty, chapter thirty-four; an Act of the first year of his Majesty King William the Fourth, chapter fifty-four; an Act of the session of Parliament holden in the sixth and seventh years of her present Majesty, chapter seventy-nine; and an Act of the session of Parliament holden in the tenth and eleventh years of her said Majesty, chapter ninety-one: And whereas it is expedient that the said recited Acts should be altered and amended: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, I. THAT every enactment or provision contained in the said recited Acts or any of them whereby it is or may be held to be required that fifteen clear days should intervene between the day of the salting white herrings and the day on which the barrels containing such herrings, whether bung-packed or repacked, should be marked or branded, shall be and the same is hereby repealed. [Rep., Stat. Law Rev. Act, 1875.] II. THAT from and after the passing of this Act it shall be lawful for the Commissioners of the Herring Fishery, in virtue of the powers conferred upon them by the said recited Acts or any of them and by this Act, from time to time to regulate and fix the period which shall intervene between the day on which white herrings, whether bung-packed or repacked, shall be salted, and the day on which the barrels containing such herrings, whether bung-packed or repacked, shall be entitled to be branded, such period being not more than La Rep., 30 & 31 Vict. c. 52. s. 9., in so far as necessary to give effect to the provisions of that Act. |