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right of renewal is lost both at law and in equity : pass under the grant, either wholly or partially, and and where any owner required to execute any such in such case the grant shall be modified accordingly, grant as aforesaid, disputes the right of the party and the yearly fee-farm rent to be made payable by requiring such grant, to require the execution of such grant shall be increased by such an amount as such grant, such owner shall

, within one calendar is equivalent to the value of such right, so far as it month after he is so required as aforesaid, serve on is made to cease or pass as aforesaid. the person by whom such grant has been required,

1, 1 W. And be it enacted, that, where the owner rea notice in writing, stating that the right to require quired to execute such grant as aforesaid, and the such grant is disputed, and the grounds on which owner requiring the same shall so agree, a part of such right is so disputed.

the lands comprised in the lease or under-lease by II. And be it enacted, that the fee-farm rent to the owner of which such grant is required, and not be made payable by every such grant as aforesaid, comprised in any inferior under-lease in perpetuity, shall, when the lease or under-lease (as the case may be allocated in fee simple in lieu of the feemay be) to the owner of which the grant is made farm rent which would have been made payable by renewable without fine, or upon payment of a pep- such grant or of any portion thereof, or such feepercorn or other merely nominal fine of like nature, farm rent, or any portion thereof, in lieu of which be of the like amount as the yearly rent made pay- land is not allocated as aforesaid, may be made payable by such lease or under-lease, and shall, where able out of any sufficient part only, to be specified such lease or under-lease is renewable upon pay in the grant, of the lands comprised in such lease or ment of a fine or fines not merely nominal, be of under-lease, and the residue of the lands shall be and amount equal to the aggregate amount of the discharged therefrom; and where land is allocated yearly rent made payable by such lease or under as aforesaid, the same shall, by the same grant, be lease, and the value of the renewal fine or fines and conveyed or surrendered by the owner of the lease fees (if any), such value to be estiinated or com- or under-lease to the owner to whom the fee-farm pated with regard to the probable duration of the rent in lieu of which or of a portion of which the same subsisting term, the average duration of life, and is allocated would have been payable. the respective periods for renewal, but without re- VI. And be it enacted, that from and after the gard to, and exclusively of any penal rents or sums execution of such grant to the owner of a lease in made payable upon neglect, delay, or refusal to perpetuity, or to the owner of an under-lease in apply for or take renewal, and to be ascertained perpetuity, as aforesaid, such grant shall

, where as herein-after mentioned, if the parties differ about such grant is made to the owner of a lease in perthe same.

petuity, bind all persons interested in the reversion III. And be it enacted, that where any subsisting and in such lease, and all persons bound by such exception or reservation contained in the lease or lease, and such reversion shall be converted into an under-lease in perpetuity, by the owner of which a estate of inheritance in fee simple in the fee-farm grant is required as aforesaid, or any right under rent made payable by such grant, and the conditions, covenant, or otherwise annexed or belonging to the exceptions, and reservations therein contained, and reversion or estate, from the owner of which a all rights annexed or belonging to such reversion, grant is required, interferes with the proper culti- saved by and not commuted under this act ; and vation of the lands comprised in such lease or un- such grant shall, where such grant is made to the derlease, the owner of such lease or under-lease owner of an under-lease in perpetuity, bind all perrequiring such grant as aforesaid may (if he think sons interested in the lease or superior under-lease, fit) require that such exception, reservation, or or the estate of inheritance granted in respect thereof right should cease, wholly or partially, and in such by the owner of which the grant is made, and in the case the grant shall be modified accordingly, and under-lease to the owner of which the grant is made, the fee farm rent to be made payable by such grant all persons bound by such under-lease; and the estate shall be increased by such an amount as is equiva- held under such lease or superior under-lease, or such lent to the value of such exception, reservation, or estate of inheritance as aforesaid, shall be converted right, in so far as it is made to cease as aforesaid, into an estate of inheritance in fee simple in the feesuch amount to be ascertained in manner herein- farm rent made payable by such grant, and the conafter mentioned, in case the parties differ about ditions, exceptions, and reservations therein conthe same.

tained, and all rights annexed or belonging to the IV. Provided always, and be it enacted, that estate by the owner of which such grant is made, where any right to timber, timber trees, woods, saved by and not commuted under this act; and underwood, or underground woods, turbaries, mines, each such estate of inheritance in fee simple as aforeminerals, quarries, or royalties, whether under ex- said shall be transmissible and descendible in like press exception or reservation contained in the lease manner as if the same were an estate of inheritance or underlease in perpetuity or otherwise, is annexed in fee simple in reversion in the lands, on which the to or belongs to the reversion or estate from the fee-farm rent is charged by the grant creating the owner of which a grant is required, it shall not be same, having incident thereto the conditions, exceplawful for the owner of the lease or under-lease in tions and reservations contained in the same grant, perpetuity requiring the grant to require that such and such rights respectively as aforesaid ; and the right should cease, either wholly or partially, but estate of inheritance created under every such grant in every such case the owner of the reversion or as aforesaid in the lands comprised therein, save any estate from the owner of which the grant is required part thereof allocated in lieu of a fee-farm rent or and the owner of the lease or under-lease requiring any portion thereof under the provision herein conthe grant may agree that such right should cease or Itained, and the estate of inheritance so created as

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aforesaid in the fee-farm rent made payable by such ple into which the estate held under such lease or grant, and in any land so allocated as aforesaid, under-lease is converted under this act, and the shall from and after the execution of such grant be owner or assignee for the time being of such estate respectively vested in the same persons, for the same in fee simple shall be chargeable upon such core. estates and interests, and be respectively subject to nants in the same manner and to the same extent the same uses, trusts, provisoes, agreements, and as if he were owner or assignee of the term or indeclarations, and be respectively charged with and terest created by such lease or under-lease, and subject to the same charges, liens, judgments, in- such term or interest, and the estate out of which cumbrances, and equities, as the estate held under such lease or under-lease was derived, were still the lease or under-lease in perpetuity to the owner subsisting, and the benefit of such covenants shall of which the grant is made, and the reversion or run with the estate into which such estate is conestate by the owner of which the grant is made, were verted under this act, and the owner or assignee for respectively vested in, subject to, and charged with the time being of the estate created by such conimmediately before their conversion into such res- version shall have the full benefit of such covenants

, pective estates of inheritance as aforesaid was effect- and be entitled to maintain actions thereon; aud ed, or as near thereto as the different nature of the every covenant contained in pursuance of this aet estates and the circumstances of each case will ad- in any such grant as aforesaid, in substitution for mit; but all land allocated as aforesaid shall remain a like covenant in such lease or under-lease as subject to all demises and tevancies inferiorin tenure aforesaid, where such last mentioned covenant is of to the lease or under-lease by the owner of which such a nature as that the burden thereof doth by such land may have been so allocated.

law run with the estate out of which such lease or VII. And be it enacted, that the conversion of under-lease was derived, or bind the assignee of any estate under this act shall not prevent or preju- such estate, and every covenant implied under dice the operation of any devise, bequest, or testa- this act upon any such grant where the burden of mentary appointment, made before such conversion the implied covenant, for which the same is in subof such estate, or any interest therein, but auch de- stitution was upon the owner of the estate out of vise, bequest, or testamentary appointment shall which such lease or under-lease was derived, shall operate upon the estate or interest created or ac- run with the estate into which such estate is conquired under this act, as fully and effectually, to all verted under this act; and the owner or

assignee intents and purposes whatever, as the same would for the time being of the estate created by such have operated upon the respective estate or interest conversion shall be chargeable upon such covenants previously subsisting if no such conversion had taken in the same manner and to the same extent as if he place.

were owner or assignee of such estate so converted, VIII. And be it enacted, that no conversion un- and such estate and lease or under-lease were still der this act of any estate shall operate to give dower subsisting, and the benefit of such covenants shall or curtesy to the widow or husband of any person run with the estate in fee simple into which the becoming entitled under this act to an estate of in- estate held under such lease or under-lease is conheritance, in any case where the estate converted verted under this act, and the owner or assignee for would not have been liable to dower or curtesy, and the time being of such estate in fee-simple shall such widow or husband was married to such person have the full benefit of such covenants, and be enbefore such conversion, or to defeat or affect any titled to maintain actions thereon. rights of lords of manors, or of owners of reversions X. And be it enacted, that where the estate held in fee simple, to escheats, fairs, markets, franchises, under any lease or under-lease in perpetuity is conrights, liberties, privileges of chase or free warren, verted under this act into an estate of inheritance hunting, hawking, fowling, piscaries, fisheries and in fee simple, and such estate was immediately be rights of fishing, or any rights in any mines or mi- fore such conversion subject to any subsisting nerals, quarries, or royalties within or under the under-lease or demise at will, or for any greater lands included in any estate converted under this interest, the fee simple into which such estate is so act, save in so far as the same may be commuted converted shall be the reversion immediately expecunder this act.

tant upon such under-lease or demise, and the IX. And be it enacted, that all covenants by law rents and services reserved and made payable upon implied on the part of the landlord or tenant upon such under-lease or demise shall be incident and any lease or underlease in perpetuity to the owner annexed to such reversion, and the covenants and of which a grant is made under this act shall be agreements, whether express or implied, on the implied upon such grant, and every covenant for part both of the landlord and the tenant, shall run payment of rent, and every other covenant contained with the land and with the reversion respectively in pursuance of this act in any such grant aforesaid, in the same manner in all respects and to the same in substitution for a like covenant in the lease or extent as if such under-lease or demise had been under-lease to the owner of which such grant is made by a person seized in fee simple in possession

, made, where such last- mentioned covenant is of and the estate in fee simple created by such conversuch a nature as that the burden thereof doth by sion as aforesaid had been the reversion expectant law run with the land, and bind the assignee of upon such under-lease or demise ; and such con. such lease or under lease, and every covenant im- version shall not prejudice or affect any right of plied under this act upou any such grant where the distress, entry, or action which has accrued in re• burden of the implied covenant for which the same spect of such under-lease or demise before such is in substitution was upon the owner of such lease conversion. or under-lease, shall run with the estate in fee sim. XI. Provided always, and be it enacted, that no grant made by the owner of any lease of under-lease XIV.And beitenacted, that where anyfee-farm rent in perpetuity under this act shall prejudice or affect shall be charged upon any lands by any grant made the rights of the owner of the reversion, or of any under this act, the acquisition of a part of such lands lease or under-lease superior in tenure, or of the by the person entitled to such fee-farm rent, whether estates into which they may be respectively con- such acquisition shall be by descent, by purchase, verted under this act, but all owners, under-lessees, or by escheat, shall operate so as to extinguish only and occupiers for the time being of any land shall a proportionate part of the rent to which such perhave the like rights and equities to be discharged son shall be entitled, and the remaining part of such of and indemnified against fee-farm rents created rent shall be recoverable out of the residue of such under this act as such owners and occupiers respec- lands in the same manner as the whole rent would tively would have had in respect of the rents inci- have been recoverable if such acquisition had not dent to the several reversions or estates converted been made; and in such case such fee-farm rent into such respective fee-farm rents; and the owners shall be apportioned by the agreement of the persons for the time being of all fee-farm rents created interested, and in default thereof, according to the under this act shall be subject to and charged with relative amounts of the value of the land so acquired the like liabilities, and shall have the like rights and and the value of the residue of such lands, in the same equities to indemnify and to be indemnified in re- manner as rent-service is now by law apportionable spect of such fee-farm rents respectively, as they upon an alienation of the reversion in part of the would have been subject to, and would have lands. had in respect of the reversions or estates which XV. And be it enacted, that where the owner of have been converted into such respective fee-farm any reversion, lease, under-lease, or estate is a mirents, in case this act had not been passed.

nor, idiot, lunatic, feme covert, or is not within XII. And be it enacted, that where the owner of the United Kingdom, the guardian, trustee, comany under lease in perpetuity is entitled to require mittee of the estate, husband, or attorney respecthe owner of the lease or superior under-lease out tively of such owner shall for the purpose of this act of which such first-mentioned under lease is derived be substituted in the place of such owner, and shall to procure a renewal of such lease or superior under and may execute such grants and counterparts, make lease, the owner of such first-mentioned under-lease such agreements, and do all such other acts which may, at the time of requiring the owner of such lease such owner, if not under disability or out of the or superior under-lease to execute to him a grant United Kingdom, should and might have executed, under this act, and whether the time for the renewal made, and done, under this act. of such lease or superior under-lease has or has not XVI. And be it enacted, that where any fee-farm arrived, also require the owner thereof to procure rent made payable by any grant under this act is a like grant to be made to such owner by the owner greater in amount than the rent reserved by the lease from whom he is entitled under this act to require or under-lease in perpetuity to the owner of which such grant; and where a grant has been made under such grant is made, the party paying such rent shall this act to the owner of an under-lease in perpetuity be entitled to deduct from the party receiving the entitled to require the owner of the lease or superior same the proper poundage in respect of poor's rate under-lease in perpetuity out of which such' first from the portion of such rent which by virtue of mentioned under-lease was derived, to procure a

this act is added to the amount of rent previously renewal of such lease or superior under-lease, and payable. the owner to whom such grant has been made has XVII. And be it enacted, that nothing in this act not at the time of requiring such grant required the contained shall be deemed to affect or alter the owner of such lease or superior under-lease to pro- existing liability of any party or parties, or of any cure a like grant to be made to such owner, and estate or interest in respect of the payment or desuch grant has not in fact been made to such owner, duction of rent-charge in lieu of tithe. the owner of the estate into which the estate under XVIII. And be it enacted that the fee-farm rent such first-mentioned under-lease has been converted made payable by any grant under this act, or by shall, at the time when he might if such last-men- any grant made after the passing of this act, shall tioned estate had not been converted have required be recoverable by distress, ejectment for nonpaythe owner of such lease or superior under-lease to ment of rent, action of debt, covenant, and all procure a renewal thereof, be in like manner entitled other ways, means, remedies, actions, suits, or to require such owner to procure a grant to be made otherwise, by which rent-service reserved on any to bim under this act.

common lease or demise for a life or lives is or may XIII. And be it enacted, that where any lands be by law recoverable; and all the enactments recomprised in a lease or under-lease to the owner of lating to ejectment for nonpayment of rent, distress, which a grant is made under this act of an estate of or other remedies for the recovering thereof, shall inheritance are comprised in an under-lease in per-apply to every such fee.farm rent as aforesaid, as petuity to the owner of which the owner of such fully and effectually as if the same were rentlease or first-mentioned under-lease has previously service reserved on a lease for a life or lives; and made a like grant in such lands, such first-mentioned in proceedings by ejectment for nonpayment of grant shall operate to supply or feed the grant so such fee-farm rent under the statutes for the time previously made and each like grant (if any) pre- being in force in Ireland in relation to ejectment viously made by the owner of each inferior under for nonpayment of rent made applicable under this lease in perpetuity in the same lands, or any part act to such fee-farm rent as aforesaid, the receipt thereof, between which and the secondly before- of such fee-farm rent for three years by the lessor mentioned under-lease there is no intermediate un.. of the plaintiff, or any person or persons through der-lease in perpetuity subsisting.

whom he claims, shall have the same force and effect as a similar receipt of rent-service reserved

Second Edition, price 1s., by Post, Is. 60. in any lease for life or lives would have in proceed: THEBATE. IN ADD brenne LETTER to the EARL of ings by under such statutes ; and in avowing or making

By ISAAC BUTT, Esq. cognizance for any such fee-farm rent in any action Co., 147, Strand, London. Sold by 'ahi Booksellers,

Dublin : JAMES MCOLASHAN, 21, D'Olier-street. Wm. S. OTT & of replevin in respect of a distress for such rent,' it shall be sufficient for the person avowing or making

LAW LIBRARY OF A BARRISTER. cognizance to avow or make cognizance generally,

CH HARLES SHARPE respectfully announces to the Bar that the lands or place on which such distress was that he will sell by Auction on WEDNESDAY Next MAY made, or from which such distress was fraudulently STREET, the law Library of a Barrister, including a valuable collection

1819, and following days, at his LITERARY SALEROOM, ANGLESEA removed, (as the case may be,) were or was at the

of Text-Books, Ante.Union and Post-Union

Statutes, and Modern Re ports in Law

and Equity, in the various Courts of England and Ireland; time the rent distrained for accrued and still are or Parliamentary Papers, Commons' Journals, &c. is held under a grant made under or after the pass of the Profession.

Sale to commence each day at Three o'clock, for the convenience ing of this act, and that a certain sum or portion of the said rent was in arrear and unpaid, and that

NEW LAW BOOKS. the person avowing, or in whose right cognizance is made in respect of the said rent, is the person | CONCISE FORMS OF WILLS, with Practical Notes.

T. . entitled thereto, without further setting forth such PRINCIPLES of the Law of REAL PROPERTY, grant, or the title of such avowant or person in whose right such cognizance is made to such fee

By JOSHUA WILLIAMS, Esq., of Lincoln's_inn, Barrister-at-Lav.

I'vol. 8vo. cloth, bds. 168. farm rent; and in proceeding by action of deht or JARMAN and, BYTHE WOOD'S CONVEYANCING, covenant for nonpayment of the fee-farm rent made

-, payable by any such grant as aforesaid, or non- A

TREATISE ON THE LAW OF PROPERTY, as

administered by the HOUSE OF LORDS. By Sir E.B. SUGDEN. performance of any of the covenants contained in 1 vol. royal 8vo. £i'lls. 6d. boards. such grant, or in any other action or proceeding in THE LAW OF HUSBAND AND WIFE. A Treatise relation thereto, it shall be sufficient for the plain

upon Roper's Treatise, and comprising Jacobs' Notes and Additions thereta tiff, or person entitled to fee-farm rent, to set forth By J. E. WRIGHT, Esq. of the Inner Temple, Barrister-at-Lev. 2 ras. in the declaration, or other pleading the grant, and, royal 8vo. £2 108 boarda. where the case shall require, the covenants, the non

A . By

the late R. S. DONNISON ROPER, Esq., Barrister-at-Law of performance of which he complains of, and aver

Grays-inn; and by H. H. WHITE, Esq., Barrister.at.Law, of the Mid that the said plaintiff or other person is the person

dle Temple. Fourth Edition. 2 vols, royal 8vo. £335. boards. entitled to the fee-farm rent reserved or made pay- | A TREATIES EN ON THE LAW OF EVIDENCE, 25 able by such grant; and, where the case may re

American and other Foreign Laws. By JOHN PITI TAYLOR, Exg

of the Middle Temple, Barrister-at. Law. 2 vols, royal Svo. £2 10s. quire, interested in the performanee of such covenants , without setting forth or deducing

his title A SELECTION OF LEADING CASES IN Various thereto; and in such actions of replevin, debt, or

Esq., of the Inner Temple, Barrister.al.Law. Third Fditio By H. S.

KEATING Esq, and JAMES S. WILLES, Esq., of the Inner Temple, covenant, or other proceeding founded on such Barristers at. Law. 2 vols, royal 8vo. £2 12s.6d. grant as as aforesaid, proof that the said plaintiff or QUE

UESTIONS FOR LAW STUDENTS on the Second

Edition of Mr. Serjeant Stephen's New Commentaries on the Laws other person, or any person or persons through of England." By JAMES STEPHEN. Esq. of the Middle Temple Bar whom he claims, has or have been in the possession rister.at. Law. 1 vol. 8vo. cloth boards, price 104, 6d. or in the receipt of such fee-farm rent for three

EDWARD J. MILLIKEN, Law Bookseller and Publisher, 15, College

Green, Dublin. years, shall be sufficient evidence of the title of the plaintiff or other person thereto, as in cases of eject: IRISH MANUFACTURE INDIAN RUBBER BLACK ment for non-payment of rent under the statutes in

.

LEOE.GREEN, Dublin, force in relation thereto; and if in any such action It makes the Leather soft, pliant, and even Waterproof, sold by the of ejectment as aforesaid, judgment be given for

Bootmakers and Grocers through the City, in Bottles at 4d. Sd and 1s. each.

N.B.--Country Shopkeepers treated with on the most Liberal Terus the plaintiff, and execution executed, or if any en

Portobello March 31st. try be made in respect to such fee-farm rent as

Sir,

"I have examined your Indian Rubber Blacking, and find it made of aforesaid, or by virtue of any condition for re-entry those materials which are most proper for such a composition. It has some

advantages in use not possessed by similar articles of manufacture; it is contained in any such grant as aforesaid, then the susceptible of a very high polish, it does not soil, and its permanent efect estate in the lands acquired under such judgment

on the leather is of a beneficial character.

"THOMAS ANTISELL and execution, or by such entry, shall be of the

Mr. Kelly, College-green.

Lecturer on Chemistry." like nature, and shall be subject to the same or the like uses, trusts, charges, liens, equities, rights, and All communications for the IRISH JURIST are to be left, addressed incumbrances, as if such judgment and execution

to the Editor, with the Publisher, E., J MILLIKEN, 15, COLLEGE

GREEN, Correspondents will please give the Name and Address, as the or such entry had been in respect of an estate in columns of the paper cannot be occupied with answers to Anonymous

Communications nor will the Editor be accountable for the retun al reversion, and of a rent or a condition, as the case Manuscripts, &c. may be, incident thereto, and such estate in reversion had stood limited to the same uses and trusts,

Orders for the IRISH JURIST left with E. J. MILLIKEN, 15. COL.

LEGE OREEN, or by letter (post-paid), will ensure its punctual delivery and subject to the same charges, liens, equities, in Dublin, or its' being forwarded to the Country, by Post, on the day or rights, and incumbrances, to which such fee-farın TERMS OF SUBSCRIPTION-(payable in advance): rent stood limited or subject.

Yearly, 30s. Half-yearly, 178. Quarterly, 98. (To be continued.)

Printed by THOMAS ISAAC WHITE, at his Printing Office, No, O'DRISCOLL, FLEET.STREET, in the Parish of St. Andrew, and published af IS

COLLEGE OREEN, in same Parish, by EDWARD JOHNSTON PROFESSED TROWSERS MAKER,

MILLIKEN, residing at the same place, all being in the County of the

City of Dublin, Saturday, May 5, 1849. 9, ANGLESEA.STREET.

JAMES

Irish Jurist

No. 28.-Vol. I.

MAY 12, 1849.

Price Single Number. 9d.

Per Annuin, £1 10s. The Names of the Gentlemen who favour THE IRISH JURIST with Reports in the several Courts of

Law and Equity in Ireland, are as follows :

ROBERT LONG, Esq., Court of Chancery, in. and

Court of Exchequer SJohn BLACKRAM, Esq., and cluding Bankruptcy Jons Pitt KENNEDY, Esq., Bar

Chamber......

A. Hickey, Esq., Barristers-at

Law. Appeals ..... risters-at-Law.

Queen's Bench, includ- ( FLORENCE M'CARTHY, Esq., and WILLIAM BURKE, Esq., and

ing Civil Bill and Re- Samuel V. PEET, Esq., Rolls Court.....

WILLIAM JOHN DONDAS, Esq., gistry Appeals. ..... Barristers-at-Law.
Barristers-at-Law.

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risters-at-Law. Equity Exchequer ......

and Registry Appeals.
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s

ter-at-Law.

and

{ Reter-at-Law?rin, Esq., Barris.

DUBLIN, MAY 12, 1849.

extension of these provisions to other cases besides ejectments for non-payment of rent (which class of ejectments alone are contemplated in the other

sections of the act) has introduced another eleTo provide a remedy for an inconvenience in the state of the law, which frequently inflicted injury 1 of possession of his land for a longer time than he

ment, which may sometimes keep the landlord out and loss on both landlord and tenant, the 9 & 10

expected or intended. Vic. c. Ill, was enacted.

This new element is thus introduced a landlord The inconvenience we allude to, arose from the obtaining an habere in an ejectment on the title, tenant having six months after the execution of an

is in a very different position from a landlord ubhabere in an ejectment for non-payment of rent, taining one in an ejectment for non-payment of during which-on payment of the amount due for

rent; in the latter case the tenant has a clear right rent and costs-he could redeem his interest. Dur

to regain possession on certain conditions ; in the ing these six months the landlord was placed in

former, there is nothing which the tenant can do much difficulty as to the profitable management of which will so entitle him_his continuance or nonhis lands, as he was reduced to the necessity either

continuance in the occupation of the farm, is enof occupying the farm himself

, or of putting a ten- tirely at the option of the landlord. If the landant into it, whom, in the event of the former tenant

lord allow him to remain in possession after the redeeming, he might find much difficulty in re

execution of the habere, under the provisions of moving; and the tenant, whom a temporary embarrassment might have prevented from meeting est sense of the word, and acquires that uncertainty

this act, he is clearly a tenant at will, in the strictbis engagements, was dislodged from his farm at a

of tenure which entitles him, if he sow the land, time when his superintendence might have been of

and is put out before he reaps the crop, to have the utmost importance. Thus the tenant was some

that crop, and free entry, egress, and regress to cut times ruined by being deprived of the possession of and carry it away, because he knew not at what a farm, which was often found of very questionable

time the lessor would enter; except, indeed, the value to the landlord.

statute break in on the principle of the common The act under consideration is calculated to

law. remedy these inconveniences. By the 8th section

That This principle of the common law should be of it, the landlord is enabled to permit a tenant,

upheld at the same time that the provisions of this against whom he has succeeded in ejectment, to

statute should be carried out, seems to be the hold his farm until the time allowed him for re

opinion of the Court of Queen's Bench, as expressed demption is on the point of expiring, without pre in their decision in the case of Lessee Knox v. judice to the right of obtaining immediate posses- Gildea, alluded to by us in a former number, and sion under the habere, at the moment when com

reported in the 11 Irish Law and Equity Reports, plete and permanent dominion over the land is restored to the landlord.

page 198, where the order to renew the habere was The provisions of the 8th section are applicable the 1st of November, distinctly on the ground that

made absolute, but with a stay of execution until wherever the sheriff, his bailiff, or officer, is exe- in the interval that bad elapsed, the tenant might cuting any writ of habere in any action of eject

have cropped the land. However, though we adnient, or any civil bill decree for the recovery of

mire the solicitude with which the Court regarded : the possession of lands and tenements; and the

the interests of occupying tenants, in this instance

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