ments Act, 1851. Tenant may rebuildings move and and fixtures erected by him on farms, landlord elect to take them. landlord for the time being, at his own cost and expense, Embleerect 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, unless 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. At common law agricultural fixtures were irremovable: Elwes v. Mawe, Sm. L. C., and p. 101, ante. The present section, which differs principally from the sections in pari materiâ of the Acts of ments Act, 1851. Emble- 1883 and 1875 (p. 101, ante, and p. 192, post), in requiring that there should have been a previous consent of the landlord in writing will not apply in any case where either of those Acts apply. The Act of 1875 was prospective and permissive, and the Act of 1883 is, as to fixtures, prospective only. Tenant quitting, leaving tithe rent charge unpaid, landlord, &c., may pay the same, and recover from the 4. 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 occufirst-named pier, to pay such tithe rentcharge, and any expenses incident thereto, and to recover the amount or sum of tract debt. money which he may so pay over 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 con Act not to extend to Scotland. 5. Nothing in this Act shall extend to Scotland. Registrar to grant replevins, COUNTY COURT ACT, 1856. [19 & 20 Vict. c. 108.]—An Act to amend the Acts relating 63. The powers and responsibilties of the sheriff with respect to replevin bonds and replevins shall henceforth cease; and the registrar of the county court of the district in which any distress subject to replevin shall be taken shall be empowered, subject to the regulations hereinafter Court Act, 1856. contained, to approve of replevin bonds and to grant County replevins and to issue all necessary process in relation thereto, and such process shall be executed by the high bailiff The powers transferred by this section from the sheriffs to the registrars had been vested in the sheriffs from the earliest times : see 2 Wm. & M. c. 5, ante. to be granted on 64. Such registrar shall, at the instance of the party Replevins whose goods shall have been distrained, cause the same to be replevied to such party on his giving one or other securities given. of such securities as are mentioned in the next two succeeding sections. For forms of replevin bonds, &c.: see forms 76 to 81, post. may be commenced in High Courts. 65. An action of replevin may be commenced in any Replevins superior Court in the form applicable to personal actions therein, and such Court shall have power to hear and determine the same; and if the replevisor shall wish to commence proceedings in any superior Court, he shall, at the time of replevying, give security to be approved of by the registrar for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, Security in and the probable costs of the cause in a superior Court replevin. conditioned to commence an action of replevin against the distrainer in each superior Court as shall be named in the security within one week from the date thereof, and to prosecute such action with effect without delay, and unless judgment thereon be obtained by default to prove before such superior Court that he had good ground for believing either that the titles to some corporeal or incorporeal hereditament, or to some toll, market, fair, or N County franchise was in question, or that such rent or damage Court Act, 1856. Conditions of security to be given when replevin brought in county court. Removal of replevin by defen dant into by certiorari. exceeded twenty pounds, and to make return of the goods if a return thereof shall be adjudged. 66. If the replevisor shall wish to commence proceedings in a county court, he shall at the time of replevying give security, to be approved of by the registrar for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made and the probable costs of the cause in the county court, conditioned to commence an action of replevin against the distrainer in the county court of the district in which the distress shall have been taken within one month from the date of the security, and to prosecute such action with effect and without delay (a), and to make return of the goods if a return thereof shall be adjudged. 67. Any action of replevin brought in a county court shall be removed into any superior Court by a writ of High Court certiorari if the defendant shall apply to such superior Court or to a judge there for such writ, and shall give security, to be approved of by the master of such superior Court for such amount not exceeding one hundred and fifty pounds, as such master shall think fit, conditioned to defend such action with effect, and, unless the replevisor shall discontinue or shall not prosecute such action, or become nonsuit therein, to prove before such superior Court that the defendant had good ground for believing either that the title to some corporeal or incorporeal hereditament or to some toll, market, fair, or franchise was in (a) With effect, &c. See Gent v. Cults, 11 Q. B. 288. Court question, or that the rent or damage in respect of which County the distress shall have been taken exceeded twenty pounds, and every such superior Court shall have power to determine the same action. Act, 1856. 68. An appeal from the decision of a county court, on Appeal in replevin. the same grounds and subject to the same conditions as are provided by the fourteenth section of the Act of the thirteenth and fourteenth years of the reign of her present Majesty, chapter sixty-one, shall be allowed in all actions of replevin where the amount of rent or damage exceed twenty pounds, and in all actions for the recovery of tenements where the yearly rent or value of the premises exceeds twenty pounds, and in proceedings in interpleader where the money claimed or the value of the goods or chattels claimed, or of the proceeds thereof, exceeds twenty pounds, and in all actions where the parties agree that the Court shall have jurisdiction. |