of our Lord 1849, before me, P. Q., Esq. Sheriff of the said County, by virtue of the Queen's Writ to me directed, and to this Inquisition annexed; on the oath of R. S., &c. good and lawful men of my bailiwick, who being sworn and charged to enquire of the matters in the said Writ mentioned, on their oath say that the sum of £ according to the prices of corn as therein mentioned, became due and payable, and remains in arrear and unpaid to A. B., named in the said Writ, for Rent-Charge apportioned on the land and premises numbered 100, as mentioned in the said Writ. In Witness whereof, as well I the said Sheriff, as the said jurors to this Inquisition, have set our seals the day, year, and place above written.

Attending the parties, reading over, and to be

sworn, and paid two oaths

Attending before Judge for order

Notice of executing writ, copy and service

Attending lodging writ

Paid Sheriff.

Minutes of Evidence .

Collector's attendance to prove arrears, and cal

culation of averages

Attending the execution of writ

Paid Sheriff.

8

0

Writ of Habere facias possessionem

Attending for warrant

Paid for same

Attending, instructing officer

431. Form of Writ of Possession.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the

Faith.

TO the Sheriff of

greeting. WE com

mand you that you cause A. B. to have possession of the land and premises numbered 100 in the plan annexed to the Apportionment of the Rent-Charge of the parish of in the county of confirmed

by the Tithe Commissioners for England and Wales, and therein described as the Home-field, and cultivated as arable, and to contain in quantity in statute measure 6a. 2r. 2p. until the sum of £ found to be due to the said A. B. by a certain inquisition taken pursuant to the statute for the Commutation of Tithes in England and Wales, and returned to our court before at Westminster at a certain day now past, according to the exigency of our Writ issued in that behalf, for arrears of the Rent-Charge by the said Apportionment apportioned on the said land and premises, according to the prices of corn, remaining unpaid, and also the sum of £ for the costs of the

said A. B. of the said inquisition taxed by the proper officer of our said court before and also the costs of this our Writ, and of executing the same, and of cultivating and keeping possession of the said lands, shall be fully satisfied, and in what manner you shall have executed this our Writ, make known to at Westminster, on next, and have there then at Westminster, the

the
this Writ.

day of WITNESS

day of

in the

year of our reign.

432. The Sheriff's Return.

By virtue of this Writ to me directed, I did on the

day of

1849, cause possession of the within

mentioned land and premises to be delivered to the within

named A. B., as within I am commanded.

P. Q., Esq. Sheriff.

CHAPTER XI.

OF THE POSSESSION OF THE LAND, AND
SUBSEQUENT PROCEEDINGS.

SECTION I.

Of the Possession of the Land under the Writ of
Possession.

433. The Writ of Possession directs the owner of the Rent-Charge to have possession of the lands until the arrears of Rent-Charge, and costs of the proceedings, and of cultivating and keeping possession of the land be satisfied. (Nos. 106. 431.) And the owner of the Rent-Charge may be ordered to render an account of the rents and produce, and of the receipts and payments in respect of the same. (No. 107.)

434. From these clauses it may be inferred that the Rent-Charge owner in possession may do every thing that is necessary for cultivating and maintaining his possession of the land, but the statute does not in terms impose any duty on the owner of the Rent-Charge to cultivate the land.

435. There is a material distinction between a tenant by elegit, and a person in possession for nonpayment of the Rent-Charge. A tenant by elegit takes the land at an annual value until the debt is satisfied, and as the annual value is ascertained by the inquisition, the time when the debt will be satis

fied is certain; therefore he is not entitled to make any extraordinary profits beyond those which annually arise, as by cutting down trees, &c. The circumstance that a tenant by elegit is liable to account in equity, and even the court of law will refer it to the Master to take an account, does not alter his strictly legal rights. But the owner of the Rent-Charge holds the land until out of the rents and profits he is satisfied, and for which he is to account, and the profits being uncertain his claim may never be satisfied.

436. Yet as to tenant by elegit, it is stated, some say, that he against whom an execution by elegit is sued shall not have an action of waste against tenant by elegit, because he may have a writ of venire facias ad computandum, &c., and then the waste shall be recovered in the debt. (Fitz. N. B. 134, H.) But where a scire facias was issued against a tenant by elegit (who had cut trees to pay the residue of the money) to answer for the trees cut, and for the party to have his land again, the Court held that by the statute against cutting trees, this is in the nature of a trespass, and lies not in account, nor is he punishable by this writ of waste, but in an action on the case only. (21 Ed. III. 26 F. N. B. 134, n.) And it is said that on tenant by elegit accounting, if the money recovered by the plaintiff is levied out of the lands, the defendant shall recover his land, and if more be received by waste, &c. he shall have damages. -Terms de Ley, 288, Jacob's Law Dic. tit. Elegit.

437. A person in possession under the Tithe Act for non-payment of the Rent Charge, is rather like a