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Statutes not in use Repeal.
An Act to encourage the providing of improved Dwellings for the Labouring Classes in Ireland.
[21st July 1856.] WHEREAS it would encourage the providing of improved
Dwellings for the Labouring Classes in Ireland if à summary Remedy for recovering the Possession when wrongfully ' withheld were made applicable to small Tenements of a Descrip'tion suited to such Classes, but upon Condition that such Tene'ments shall have had at least certain primary Requisites for the Comfort and Health of the Tenants' 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 Description of Tenements which shall be deemed to be within this Act shall be :
1. Any Dwelling House held with not more than Half an Acre
3. And of which the Rent shall not have exceeded the Rate of
Provided that such Tenement shall have been let by a written or printed Agreement as nearly as possible of the Form in the Schedule to this Act, and that it shall have been expressly stated therein whether the said Tenement and Requisites should be maintained in good tenantable Condition by the Landlord or by the Tenant, or what Portion of the said Tenement and Requisites should be maintained in good tenantable Condition by the Landlord or by the Tenant respectively.
II. The Fifteenth Section of "The Summary Jurisdiction (Ireland) Act, 1851," shall be applicable to the Delivery of the Possession of any Tenement within this Act, when wrongfully overheld, in the same Manner as it would now apply to the Delivery of the Possession of any Tenement within the said Act:
Dwellings for Labouring Classes (Ireland).
But no Order shall be made under the said Section except upon
(a) The Walls and a sufficient Chimney built of Stones and
(b) At least Two separate Rooms:
(c) A sufficient external Window, with a moveable glazed (e) Windows : Sash or Casement for the Admission of Air, in each Room :
(d) A sufficient Privy:
(e) A Space at least Eighteen Feet wide extending imme- (e) Space in diately along the whole Front of the Dwelling (or, front: where any public Thoroughfare shall pass nearer, the Space (if any) between such Thoroughfare and Dwelling,) sufficiently levelled and drained:
(f) A sufficient Space, either at the Ends or in the Rear of () Space for Pigthe Dwelling, suited for a Pigsty and also for a Dunghill: sty and Dunghill. Second; And that the said Requisites had been in good Second, Main tenantable Condition, and adapted to their proper Use, at the taining them. Commencement of the last Period of the Tenure for which the Landlord shall have received any of the Rent: But this Second Obligation may be dispensed with when the Landlord shall not have as yet received any of the Rent subsequent to the Commencement of the Tenancy, and also when and so far as the tenantable Condition of such Requisites shall have been defective through the Default of the Tenant, and not of the Landlord :
Proof of Maintenance may be when no Rent redefective through Tenant's Default.
ceived, and when
Obligations as to
And upon further Proof at the Hearing of the Case that, during any Period of the Tenure for which the Landlord shall not have as yet received any of the Rent, the Tenant had made any Default in observing the following Obligations; First; Not wilfully to permit any Pigsty or Dunghill to remain First, Not to per in front of the Dwelling, within the Space (if any) above required to be levelled and drained, for longer than Three clear Days after being served by the Landlord with a Notice in Writing to remove the same; and, Second; Not wilfully to do, or wilfully to suffer others to do, Second, Not to do any Damage to the Tenement:
Then the Service of the Summons in the Case shall be deemed to have been sufficient (without other Notice to quit) to have determined the Tenancy at the Time of such Service.
or suffer Damage.
If Default made, no Notice to quit
Tenant liable to
III. Whenever the Tenant shall have overheld the Tenement Overholding (without reasonable Cause) after the Tenancy shall have been determined, and the Possession shall have been duly demanded of him by the Landlord, he shall be liable to pay to the Landlord the full Rent reserved for the Period of the Tenure during any Part of which he shall have so overheld the Possession, and which would have otherwise accrued due in case the Tenancy had not been determined.
IV. Whenever the Tenant shall have sown or planted upon the Tenement any growing Crop, which he shall be unable to save by
Outgoing Tenant to have Compensation for Crops.
Act not to deprive
Landlord of other
Remedies at Law or in Equity.
Act not to affect
Landlord not to
his own Case.
Dwellings for Labouring Classes (Ireland).
reason of the Determination of the Tenancy, the Justices shall,
V. This Act shall not be deemed to deprive the Landlord, either before or after the Justices may have declined to interfere, of any Remedy for the Enforcement of his Rights which he might otherwise have in the Superior or other Courts of Law or Equity in Ireland.
VI. This Act shall not be deemed to interfere with the Jurisdiction established by the said recited Act as to small Tenements in certain Towns and Villages in Ireland.
VII. The Land Agent of the Landlord of any Tenement, if a act as Justice in Justice of the Peace, shall not as such Justice take any Part in the Hearing of any Complaint, or in the making of any Order under this Act, in relation to such Tenement.
VIII. In case any Person shall feel aggrieved by any Order made by any Justices under this Act, it shall be lawful for such Person to appeal against the same, under the Twenty-fourth Section of "The Petty Sessions (Ireland) Act, 1851," save that, in lieu of the Seven Days Notice of Appeal required by said Act, a Five Days Notice of Appeal shall be sufficient; that the Amount of the Recognizance shall be such reasonable Sum as to the Justices shall seem fit; and that when the Appeal shall be made by the Tenant, the Recognizance required by the said Act shall contain the further Obligations that the Tenant shall not do, or suffer others to do, any Waste, Injury, or Dilapidation to the Tenement pending the Appeal, that he will satisfy all Rent which shall accrue due whilst he shall continue in possession, and that he will perform such Order as the Court of Appeal shall make.
IX. This Act shall be construed subject to the Interpretation and other Clauses (and as if it were a Part) of the said recited Act; and the Word "Landlord" shall include any Agent, Receiver, or other Person legally representing the Landlord; the Expression "Period of the Tenure" shall mean the Year, Half Year, Quarter, Month, or Week, as the Case may be, according to which the Rent shall have been reserved.
X. In citing this Act in any other Act, Instrument, or Proceeding, it shall be sufficient to use the Expression "The Cottier Tenant (Ireland) Act, 1856.”
XI. This Act shall apply only to Tenements which may be provided by the Landlord for the Use of the Tenant who shall occupy the same.
XII. This Act shall only extend to Ireland.
And it has been also agreed, that such Tenement having at present the several Requisites specified in "The Cottier Tenant (Ireland) Act, 1856," the said Tenement and the said Requisites shall be maintained in good tenantable Condition by the (4) And it has been also agreed, (3)
or" Tenant," or
CA P. LXVI.
An Act to extinguish certain Rights of Way and to stop
WHEREAS certain open or common Lands and some en
closed Lands in the several Parishes of Aldershot, Yateley, Farnborough, and Crondall, in the County of Southampton, and in the Parish of Farnham in the County of Surrey, were purchased under the Powers of several Acts of Parliament, viz., an Act of the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty, Chapter Ninetyfour, an Act of the Session of Parliament holden in the Seventeenth and Eighteenth Years of the Reign of Her present Majesty, Chapter Sixty-seven, and an Act of the Session of 'Parliament holden in the Eighteenth and Nineteenth Years of the Reign of Her present Majesty, Chapter One hundred and 'seventeen, and are now vested in Her Majesty's Principal Secretary of State for the War Department, with perpetual Succession, upon Trust for Her said Majesty and Her Successors, and the said Lands respectively have been appropriated for and are ' used as a Military Camp, and with certain other open or com'mon Lands and enclosed Lands respectively in the said Parishes, ' or in some of them, are intended to be continued to be used for the Purposes of a Military Camp, and for the Instruction and Training of Troops in the Science of War and their Duties relating thereto And whereas Compensation has been paid for the Right in the Soil and for the commonable and other Rights in and over all the said open or common Lands which were pur
Rights of Way over certain Roads extinguished.
'chased and are now vested in the said Principal Secretary of State
I. All Rights of Way, Easements, and other Rights and Privileges over, in, or relating to all and every the Roads, Paths, and Ways (except the Turnpike Road leading from Farnham to Bagshot, the Road leading from the Village of Aldershot to the said Turnpike Road, at a Distance of Three hundred Feet or thereabouts South of the Third Mile Stone from Farnham to Bagshot and the Road leading to the said Turnpike Road at a Point opposite Heath Villa from the Entrance of Cranmoor Lane,) through, across, and over all or any of the Lands respectively heretofore having been or now being open or common Lands in the said Parishes of Aldershot and Yateley in the said County of Southampton, and in the said Parish of Farnham in the said County of Surrey, and enclosed Lands in the same several Parishes respectively, and also in the said Parishes of Farnborough and Crondall in the said County of Southampton, and also respectively now used or to be used for the Purposes of the said Military Camp, shall (subject to the Restrictions herein-after contained with reference to certain of those Roads, Paths, and Ways) respectively be discontinued, and shall cease from the respective Times following, (that is to say,) from and after the passing of this Act as to the said Rights, Easements, and Privileges respectively over, in, or relating to the said Roads, Paths, and Ways through, across, or over such of the said open or common Lands and enclosed Lands respectively as were purchased and are now vested in the said Principal Secretary of State for the War De