thereby, to the Tenant, stating the Grounds of Impeachment, and requiring the Tenant to appear before the Assistant Barrister of the County or Riding, at the next Quarter Sessions for the District in which the Lands are situate, to be held not less than Fifteen Days 5 thereafter, which Notice shall be served on the Tenant Fifteen Days at least before such Quarter Sessions; and the said Assistant Barrister shall hear and determine the said Matter, and shall have the Power to take Evidence upon Oath, and to compel the Attendance of Witnesses, as in other Cases; and the said Assistant Barrister may 10 order the said Declaration to be removed from the Registry, or any Part thereof to be expunged, or make such other Order thereon, with reasonable Costs, as shall appear to be just; and it shall be competent for any Party who has appeared before the Assistant Barrister to appeal from his Decision to the next going Judge of Assize, if the 15 Lands shall be situate elsewhere than in the County or County of the City of Dublin; and if situate in the County or County of the City of Dublin, then to the Judge of the Consolidated Nisi Prius Court, Dublin, at the next Sitting of said Court, first giving to the Persons who appeared on the opposite Side due Notice of his Intention to 20 appeal at least Fifteen Days before the Commencement of said Assizes or Sitting of said Court, provided so many Days shall intervene ; and in other Cases it shall be lawful for such Party to appeal to the next subsequent Assizes or Sitting of said Court, giving a similar Notice of Appeal.

25

X. If any Landlord or Owner, after the Registration of such Recovery of Declaration as aforesaid, where such Declaration shall not have tion in case Compensabeen successfully impeached, shall proceed by any Process of of Eviction. Law against such Tenant for the Purpose of evicting and shall evict the Interest of such Tenant or shall determine his Posses30 sion in any Holding upon which such Improvements shall have been made, on the Determination of the Tenancy by Effluxion of Time or without the Act or or Default of such Tenant, it shall thereupon be lawful for such Tenant to proceed against the Landlord or Owner so evicting such Tenant, for the Recovery 35 of such Compensation as shall be allowed by the Provisions of this Act, but subject to such Grounds of Objection or Defence (if any) as are hereafter provided; and in order to ascertain the Value of the Improvements to be compensated for, and the Sum of Money to be paid for them, it shall be lawful for any Tenant whose 40 Possession shall have been so determined by his Landlord, or against whom his Landlord shall proceed by any Process of Law for the Purpose of evicting the Interest of such Tenant in any Holding upon which Improvements entitled to Compensation under the Provisions of this Act shall have been made, to proceed against the

CLAUSE B.

of Amount

claimed by Tenant.

Landlord so evicting him for the Recovery of the Sum due to him on
account of such Improvements, when the same shall be ascertained, in
the Manner following: The Tenant shall serve upon his Landlord a
Notice of Claim in Writing, which shall state the Amount demanded
by him as a Compensation for the Improvements duly executed by 5
him, and set forth in his Declaration registered as aforesaid, and if,
within Three Months after the Service of such Notice, the Landlord
or his Agent shall not have agreed in Writing to pay the Amount
claimed, or some other Amount in lieu of it which the Tenant in
Writing shall have agreed to accept, or shall not have come to some 10
other Agreement in respect to the Occupancy of the Land upon which
such Improvements shall have been made, it shall be lawful for
the Tenant to proceed against the Landlord or Owner so evicting the
Interest or determining the Possession of such Tenant, for the Re-
covery of the Amount of his Claim or such Part thereof as he shall 15
prove to be entitled to, but subject to such Grounds of Defence, if
any, and to such Set-off and Deductions as are hereafter mentioned,
and provided that the Tenant shall in no Case be entitled to recover
more than the Balance of the true and real Value of the Improve-
ments in their actual Condition at the Time of the Termination of the 20
Tenant's Possession after all just and proper Deductions and
Allowances.

XI. When the Amount claimed by the Tenant as aforesaid shall not For recovery exceed Forty Pounds, the same may be sued for by Civil Bill in the Court of the Assistant Barrister, subject to the like Appeal from 25 Decree or Dismiss, in the same Manner and under the same Regulations as are at present or may hereafter be in force, in relation to other Appeals in Civil Bill Actions; and if the Amount claimed by the Tenant shall exceed Forty Pounds, the same shall be sued for by Action in any of the Superior Courts of Common Law at Dublin. 30

Landlord's

Grounds of

Defence to
Tenants

Claim under

this Act.

XII. In any Action or other Proceeding brought or taken by any Tenant for any Sum to which he shall be entitled as Compensation under this Act, it shall be lawful for the Landlord against whom such Action or other Proceeding shall be brought, if necessary, to avail himself of the Matter following by way of Defence to such Claim; (that is to say,)

35

That the Tenant, subsequently to the making of the Improvement
or Expenditure for which he claims Compensation, did, without
the Consent in Writing of his Landlord, or the known Agent or
Receiver of such Landlord duly authorized in that Behalf, 40
unlawfully sublet or subdivide all or some Part of his Holding;
and it shall not be necessary for such Landlord to produce in

Evidence or prove the Deed or Instrument (if any) by which
subletting of such Holding was made.

Cross De

XIII. In all Cases in which the Person liable to the Payment of Landlord any Sum of Money for Compensation shall be entitled as against the may set off 5 Person claiming the same to any Cross Demand or Deduction for or mands. in respect of any Dilapidation, Want of sufficient Repair, Waste, or Destruction of or in the Improvements for which Compensation is so claimed, or shall be entitled to any Arrear of Rent due out of such Holding, or to any Sum or Sums of Money or Damages for 10 or in respect of Rates, Taxes, or Assessments left unpaid by such Tenant, or for or in respect of the Breach of any Covenant or Agreement in respect of such Holding which the Person claiming such Compensation or the Party under whom he derives Title was bound to fulfil, it shall be lawful for such Person liable to the Payment of 15 such Sum of Money to set off in any Action, Civil Bill, and other Proceeding for the Recovery of such Sum of Money, the Amount of such Deduction, Rent, Sum or Sums of Money, or Damages against the Amount to which the Person claiming such Sum of Money shall be entitled; and it shall be competent for the Court 20 which shall adjudicate on any such Tenant's Claim, at the same Time, and by the same Decree or Judgment or Order, to adjudicate on such Set-off or Cross Demand, either by deducting the Amount thereof from the Claim, or by giving a Decree or Verdict or Order for the Defendant, in Cases where the Amount established as 25 a Set-off or by way of a Cross Demand shall exceed the Amount which the Tenant is entitled to recover: Provided always, that in Civil Bill Proceedings Notice of such Set-off or Cross Demand in Writing, signed by the Defendant or his Attorney, shall be given at least Six Days before the Day of the Quarter Sessions, Assizes, or Sittings at which 30 the Case may be first heard, which Notice shall contain the full Particulars of such Set-off or Cross Demand, and that in Proceedings in the Superior Courts such Set-off or Cross Demand shall and may be established or relied on in the same Way as Matters of Set-off may be relied on or established by the Practice of the Superior Courts.

35

entitled to

made before

XIV. That if any Tenant, or those under whom he derives, at any Tenant to be Time before the passing of this Act shall have executed Improvements Compensain his Holding coming under any of the Classes in this Act before tion for Immentioned, as properly required for and suitable to the Holding and provements adding to its letting Value for Agricultural Purposes, and if the Land- the passing 40 lord for the Time being shall proceed by any Process of Law against of this Act if such Tenant for the Purpose of evicting and shall evict his Interest in any Holding on which such Improvements shall have been so made, on the Determination of the Tenancy by Effluxion of Time or

evicted.

Tenant, on giving up Possession, entitled to Remuneration.

For the

Crops in the
Ground:
Manure :

Straw and Hay: Growing

without the Act or Default of such Tenant, it shall be there-
upon lawful for such Tenant, subject nevertheless to the Provisions
herein-after contained, to make Claim against and to recover
from such Landlord a just and reasonable Compensation for
such Improvements according to their actual Value; and the like 5
Notice of such Claim shall be given, and such Claim shall be
adjudicated upon in the same Manner, and shall be subject to
the like Grounds of Defence, Cross Demands, and Deductions, as in
the Case of Claims of Compensation for Improvements to be made
after the passing of this Act; and the Arbitrators to whom the Claim 10
of such Tenant may be referred, or the Assistant Barrister or Judge,
shall make their or his Award or Decree in favour of such Tenant for
such reasonable Amount of Compensation, if any, as they shall con-
sider him entitled to after all proper Deductions and Allowances,
having due Regard to the Length of Enjoyment of such Improvements, 15
the present Value of the same to the Holding, the Expenditure
actually made by such Tenant, or by those under whom he derives,
in such Improvements, and the other Circumstances under which
they were made or enjoyed.

And with respect to Remuneration to outgoing Tenants, be it 20 enacted as follows:

XV. In case any Landlord shall require his Tenant to give up Possession of his Holding at the Expiration of his then subsisting Tenancy, such Tenant so giving up the Possession as required, and at any Time within Two Years after the Expiration of his Tenancy 25 (except in the Cases herein-after excepted), and subject to the Provisions herein contained, shall be entitled to recover from his Landlord for the Time being, by a Civil Bill Process, a fair and reasonable Remuneration in Money for and in respect of the several Matters following; (that is to say,)

For the Crop (if any) which such outgoing Tenant has sown in a
due Course of Husbandry, and left in the Ground:

For the Preparation of the Ground for Crops by Tillage and
manuring during the last Two Years of his Tenancy :
For the Straw, Hay, and Manure left on the Farm:
And for growing Underwood:

30

35

Underwood. And such Claim shall be subject to the like Defences and Grounds of Set-off as in the Case of Proceedings on Foot of a Certificate of Completion as aforesaid, so far as the same shall be applicable; and an Appeal may be made from the Decision of the Assistant Barrister 40 in the same Way as in other Cases is or shall be provided by the statutable Enactments regulating the Course of Civil Bill Proceedings; and it shall be lawful for the Landlord, at the hearing of such Civil

Bill, either before the Assistant Barrister or Judge on Appeal, to set off any Amount due to him for Arrears of Rent, or any Amount of Rates, Taxes, Charges, or Assessments left unpaid by the Tenant, and to which the Holding is liable, against the Amount of Remunera5 tion to which the Tenant shall be entitled: Provided always, that no such Remuneration shall be recovered by any outgoing Tenant, for or in respect of any of the aforesaid Subject Matters of Remuneration, in any Case where a special Agreement in Writing with respect to the same shall have been made by the Landlord and Tenant respectively, 10 and shall be proved to the Satisfaction of the Assistant Barrister or Judge on Appeal, otherwise than in accordance with such special Agreement.

CLAUSE A.

after the Time when

mence Im

Tenant may proceed by

XVI. If any Landlord or Owner, after the Time when the If Landlord, Tenant could legally, under the Provisions of this Act, commence 15 and execute Improvements, and before the Registration of the the Tenant Declaration of Improvements, shall proceed by any Process of Law could comagainst such Tenant for the Purpose of evicting and shall evict the provements, Interest of such Tenant in any Holding in respect whereof Notice of and before the RegisImprovement has been served by the Tenant under the Provisions of tration of the 20 this Act, on the Determination of the Tenancy by Effluxion of Time, Declaration, shall proceed or without the Act or Default of such Tenant, it shall be thereupon to evict lawful for such Tenant to proceed by Civil Bill Process, according to Tenant, such the Practice of the Civil Bill Court, against such Landlord for the Purpose of recovering a just and reasonable Compensation for the Process 25 Expenditure, in Labour or Money, bonâ fide made by such Tenant against such in such Improvements, pursuant to the Provisions of this Act; and Landlord for the Assistant Barrister shall, subject to the Provisions herein con- tion Compensatained, give a Decree to him for such Amount as he shall be entitled to on its being proved that such Improvements were bonâ fide made, 30 or partly made, by such Tenant, pursuant to the Notice as hereinbefore provided, but not exceeding in the whole Three Years clear annual letting Value of the Lands so improved; and such Claim shall be subject to the like Defences, Cross Demands, and Deductions, as in the Case of Claims of Compensation for Improvements registered 35 under this Act.

Civil Bill

settle Sche

XVII. The several Assistant Barristers, or any Fifteen of them, Assistant within One Year after the passing of this Act, shall settle a Sche- Barristers to dule of Fees to be allowed for all Proceedings connected with this dule of Fees. Act, such Costs in no Case to exceed Civil Bill Costs in Ejectment 40 Proceedings; and such Schedule, when settled, shall be immediately laid before the Lord Chancellor of Ireland for the Time being, for his Approval, who may allow or disallow the same in whole or in