expiration of the period of 15 days, during which I requested you to keep and not to sell the same.
In the [county of Petty Sessional Division of
Before the Court of Summary Jurisdiction sitting at
A.B. having made a complaint that C.D. (hereinafter (Summ. Jurisd. called the defendant) on the day of at [state the Act, 1879, S. 34.) facts entitling the complainant to the order], and the defendant having appeared [or the defendant not having appeared, but proof having been given that the defendant was duly summoned to appear], and on hearing the matter of the complaint, it is this day adjudged and ordered by this Court that the defendant do [state the matter required to be done with conditions as to time or mode of action imposed by the Court.]
And if on a copy of a minute of this order being served on the defendant, either personally or by leaving it for him at his last or usual abode, he neglects or refuses to obey this order, then it is adjudged that the defendant for such his disobedience be imprisoned in Her Majesty's prison for the space of [not exceeding two months]
or until he has remedied his default.
[Or forfeit and pay to the Clerk of this Court (or other the person to whom payment is to be made) at the sum of (amount of fine not exceeding £1 for every day, and not exceeding in the aggregate £20) for every day in which he shall be in default in obeying the said order.]
And it is also adjudged and ordered that the defendant pay to the complainant the sum of for costs forthwith [or on the
day of or by instalments, &c.]. And if default is made in payment according to this adjudication and order, it is ordered that the sum due thereunder be levied by distress and sale of the defendant's goods.
of Her Majesty's Justices of the Peace LS
for the [county] of
Notice of appeal To A. B. of [address and description.]
to Quarter
Sessions against
I, C.D. of [address and description] hereby give you notice order of Justices that I intend to appeal to the next general [or quarter] sessions of the peace to be holden at in and for the [county or borough] of against an order made upon or about the day of by G.H. and L.M. of Her Majesty's or of whereby it was ordered [set out order].
justices of the peace for the said der. And I give you
notice that my grounds of appeal are [set out grounds for
appeal.]
The day of
N.B.-The references to the Forms are printed in Italics.
Application of the, to: agricultural hold-
ings, xiii, 43; allotments, 43; charity
lands, 33; crown lands, 30; current
tenancies, xiii, 7; duchies of Cornwall
and Lancaster, 31, 32; ecclesiastical
lands, 32; future tenancies, 7; labourers'
gardens, 43; leases, xiv., 45; market
gardens, ix, 43; pastoral holdings,
ix., 43.
Commencement of the, 43; compen-
sation under, see COMPENSATION;
evading the, ix, xxiii, 44; excluding
the, by agreement, ix, xxiii, 4, 5, 6, 7;
limits of the, 48; matters dealt with
by, ix; permissive, how far, ix,
xii, xxxviii, 43; saving of rights under,
46; short title of, 48.
AGREEMENT: appointment of referee by,
XXX, II; as to improvements in Part
I., 5; as to improvements in Part II.,
xv, 5, 6; as to improvements in Part
III., xiv, xvii, 7, 53; as to notice to
quit, x, xxiii, 27; dispensing with
notices, 6; as to value of fixture, xi,
xxx; evading the Act, ix, xxiii, 43;
for substituted compensation, ix, xiv,
xvii, xviii, xix, xxiii, 5, 6; for fair and
reasonable compensation, xiv, xvii,
7, 8; for specific compensation, xiii,
7, 8; for compensation after notice,
xxii, xxx, 10; how far procedure
for reference applies to, xvii, 14, 15,
landlord may impose terms by, xix,
precedents of, 51-60; setting aside,
xviii; that sect. 33 shall not apply, x,
27; when void, ix, 43.
AGRICULTURAL HOLDINGS ACT, 1875,
see STATUTES.
AGRICULTURAL MACHINERY, exempted
from distress, xii, 37; hiring of, 37;
what it includes, 38.
AGRICULTURAL HOLDINGS, What are, 43.
APPEAL :
To County Court: costs of, xxxv, 21,
grounds of, what are, 17; grounds of,
travelling out of, 10; hearing of, rules
as to, 18, 19; notice of, xi, 18; order
on, 18; procedure on, xxx, 18; state-
ment of appellant on, 18, 71; state-
ment of respondent on, 18, 72; time
for, xxxv, 17; when allowed, xxxv,
10, 14, 17.
Against decision of Justices; xii, 38;
by certiorari, exclusion of, 39; notice
of, 76; procedure on, xxxviii; time
for, xl.
To High Court: costs of, 17.
APPLICATION, see REQUEST.
APPOINTMENT, see SUMMONS, Order,
by county court, dissent from, xxxii,
66; of bailiffs, 41; of guardian to
infant or lunatic, xxvii, xxviii, 20, 70
of next friend to married woman
xxviii, 20, 20, 70.
Of Referee, by consent, xxx, II, 64; by
county court, xxxii, 11, 12, 70; by
parties, xxxi, II, 64; by registrar,
xxxii, 13, 70; in substituted agree-
ment, 57, 60; revocation of, 65, 66.
Of Umpire: by county court on appli-
cation, xxxii, 13, 70; by county court
in default, xxxi, 70; by Land Com-
missioners, xxxii, 13; by referees,
xxxi, 67.
APPRAISEMENT: no longer necessary, 40.
H
ARBITRATION CLAUSE, 57, 60.
ASSIGNS, who are, 24.
ASSIGNMENT of, charge, 26; of tenant's
effects, re-entry on, 55, 60.
AWARD: appeal from, see
copies of, to be filed, 18; costs of,
16, 69; failure to make by referees,
xxxi, 67; form of, 14, 68; grounds for
setting aside, 17; how questioned, xix,
16, 20; items to be specified in, xxxiv,
15, stamps on, 14; mistakes in, 14;
must direct payment of costs, 16,
time for delivery of, see TIME; what
it must contain, xxxiv, 15, 16;
when final, xxxv, 17; when invalid,
14, 19.
BANKRUPTCY, see TRUSTEE of lessee,
2; proviso for re-entry on, 55, 60;
section 33 does not apply on, 26;
removal of fixtures by trustee in, 30;
set-off by landlord on, 2.
CHARGE ON HOLDING: assignment of,
xxxvii, 26; before payment, xxxvii,
25; by charity trustee, 33; by in-
cumbent, xxxvii, 32; by limited
owner, xxxvii, 7, 22, 23; by landlord,
xxiii, xxxvi, 22; by Queen Anne's
Bounty, xxxvii, 32; by tenant, xxxii,
xxxvi, xxxvii, 24, 25; by trustee,
xxiii, xxxvi, 25; by whom made, xxii,
Xxxvi, 22; duration of, 22; for
drainage, xv, xvi, 6, 7; evidence re-
quired for, xxxvi; incidence of, 24;
of costs, 25; on other part of land,
24; order of, xxxvii; particulars of,
in award, xxxiv, 16; petition for,
xxxvii, 68; powers conferred by, 23;
procedure to obtain, xxxvii; searches
for by purchaser, 24; to what in-
terests it extends, 24.
CHARITY LANDS: landlord trustee of,
33; renewal of leases of, xiv.
CLAIM FOR COMPENSATION, see COM-
PENSATION: how made, 10; items
of to be specified in award, xxxiv, 15;
must specify amount, 10; notice of,
see NOTICE; what it must contain,
Io; when made under agreement or
custom, xxii; when under £100, no
appeal, 17.
CLERGY: hardships on, 23.
COMMENCEMENT OF ACT, see ACT.
COMPANY: assignment of charge to, 26.
COMPENSATION UNDER THE Аст:
additions to, xxi, 9; agreement for,
see AGREEMENT; basis on which cal-
culated, xx, 3; by whom paid, xxv, 53 ;
charge of, see CHARGE; claim for, see
CLAIM; Counterclaim for, xxii, xxix, II,
63; for improvements executed before
the Act, xiii, 4; for improvements execu-
ted undercurrent tenancies, xiii 7; how
ascertained, xvii; how claimed, xxviii,
10; how lost, xxii; improperly
awarded, 17; in respect of what it
may be claimed, 1, 49; limitations and
restrictions on, xx, xxi, 4, 5, 45; none
to sitting tenant, xiv; notice of
claim for, see NOTICE; on resumption
for improvements, 33; on change of
tenancy, xiv, 44; payment of, 19, 53;
principle of, xiii; recovery of, xxxvi,
19, 25; recovery of by third parties,
20; restriction as to, for waste, 9; to
be exclusive, 44; set-off on, against
rent, 39; tenant's general right to,
I; tenant's title to, on payment,
44; time for recovery of, 19; when
right to arises, xiv, I; value, the
basis of, xix, 3.
COMPENSATION BY AGREEMENT, see
AGREEMENT; after notice, II; how
ascertained, xvii, 8; recovery of, 19;
when fair and reasonable, xiv, xvii, xix,
7; when specific, xiv, 7.
COMPLAINT, order on, see DISTRESS Pro-
cedure in.
CONSENT, appointment of referee by, xxx;
11, 64; landlord's when required, xv,
xxi, 4, 5, 44, 46; of patron of benefice,
32; of charity commissioners, 33; to
appointment of referee by registrar,
xxxii, 13, ; to exercise of powers
of Court by registrar, 13; to in-
coming tenant paying compensation, 44,
53, 59, 64; to revocation of submission
to reference, 13, 65; to sale of goods
distrained, 74.
CONTRACT, see AGREEMENT: of tenancy,
defined, 46.
COSTS in County Court, 21; in High
Court, 17; limitation of in distress,
40; of applicant for guardian, 20;
of charge, xxxvii, 25; of reference.
16, 69; of appeal, security for, 38;
payment of, 16; recovery of, xxxvi, 19 ;
security for additional, 39, 42; taxa-
tion of, xxxvii, 16; to be provided for
in award, 16.
COUNTERCLAIM by Landlord, xxii, xxix,
IO, see NOTICE SET-OFF.
COUNTER-NOTICE, see NOTICE.
COUNTY COURT appeal from, 17; appeal
to, see APPEAL; appointment by, see
APPOINTMENT; costs in, 21; defined,
47; extension of time by, 15; juris-
diction in distress, xxxviii, 38; order
of charge by, 22; recovery of com-
pensation in, xxxvi, 19; taxation of
costs by, xxvii.
COVENANT, BREACH OF, by tenant, 9; by
landlord, 9; forfeiture on, 3; matter
for compensation, xx, 9; proviso for
re-entry on, 3, 55, 60.
CROWN LANDS, Act applies to, 30.
CULTIVATION, clauses as to xiii, xxiv,
XXV, 53.
CURRENT TENANCIES, compensation
under, xiii, 7; effect of notice to quit
on, 27; when they become tenancies
under the Act, xiv, 46.
CUSTOM, compensation when payable
under, xxii, xxix, 7, 8, 10, 39, 44.
DEATH, see REFEREE.
DEDUCTIONS, see COMPENSATION, LIMI-
DEFAULT of appointment, see APPOINT-
MENT; of payment, order in, 19, 20.
DETERMINATION OF TENANCY, by notice
to quit, 2; by disclaimer of title, 3,
by forfeiture, 3; by surrender. 2;
definition of, I, 5, 47; right to com-
pensation arises on, 1-3.
DISCLAIMER, see DETERMINATION OF
TENANCY; removal of fixtures after,
29; set-off on, in bankruptcy, 2.
DISTRESS, appraisement in, 40; bailiffs
for, how appointed, 42; changes in law
of, xi, xii, 36-42; charges for levying,
xiii, 39, 50; clauses not compulsory,
xii; default of, xxxix; for rent in
advance, xii, 36; limitations as to
right of, xii, 36; inventory still
necessary in, 40; of agricultural
machinery, 37; of growing crops,
40; of live stock, 37; of property
of third person, 37; of sheaves of
corn, 41; principle of privilege
from, 38; procedure in, xii, xxxviii,
38; sale under, 41; set off in, 39;
time to replevy extended, 41; where
impounded, 41.
DOCUMENTS, production of, 13.
DRAINAGE, agreement as to, xv, xxv, 6, 53,
54,59; charge to tenant for, xv, xvi, 6,
7; clauses, possible abuse of, xvi; how it
may be done, xv, xxv, 6; notices
required, for, see NOTICE: of arable
land, xvi; what is, 6.
DUCHIES OF CORNWALL & LANCASTER,
31.
ECCLESIASTICAL LANDS Act applies to,
32; and see CHARGE, LANDLORD,
LIMITED OWNER.
EVIDENCE, necessary to obtain charge,
xxxvi, 22, 25, 26; of outlay, 44; of
value, xxv, 3; receipts and vouchers,
13, 44; what, referee may require,
xxxiii, 13.
EXISTING TENANCIES, see CURRENT
EXTENSION OF TIME, see TIME.
FAIR AND REASONABLE, see COMPENSA-
TION BY AGREEMENT.
FAIR PRICE, how settled, 36.
FEEDING STUFFS, consumption of, 8.
FIXTURES, see NOTICE; agreement as
to value of, xi, xxx; conditions for
removal of, 28; erected previous to
Jan. 1st, 1884, xi, 29; removal of
by trustee in bankruptcy, 30;
tenant's property in, 29; valuation of
how made, xi, xxix, 69; valuation of
no appeal from, xi, 29; what are, 29;
when tenant may remove, 30.
FORFEITURE on charge, 22; see DETER-
MINATION OF TENANCY.
GARDENS, applications of Act to, 9, 43;
labourer's, if included, 43.
GROUNDS OF APPEAL, see APPEAL.
GUARDIAN, see APPOINTMENT.
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