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

mence Im

shall proceed

Tenant, such

Tenant may proceed by Civil Bill

XVI. If any Landlord or Owner, after the Time when the If Landlord, Tenant could legally, under the Provisions of this Act, commence Time when 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, 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 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 Compensathe Assistant Barrister shall, subject to the Provisions herein contion. tained, 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.

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

Forms to be provided by

the Peace.

part; and such Schedule of Fees may be in like Manner varied from
Time to Time as Occasion may require.

XVIII. All Forms of Notices and Declarations required for the the Clerk of Purposes of this Act shall be obtained from the Office of such Clerk of the Peace, on Payment of a Sum of One Shilling for each Form; and 5 the Clerk of the Peace for each County shall cause all such printed Forms to be prepared on Parchment of uniform Shape and Dimensions, with a sufficient Margin.

Schedule Part of the Act.

Act only to extend to Ireland.

XIX. The Schedule to this Act annexed shall be deemed and
taken to be a Part of this Act; and the Forms therein contained shall 10
be used, save so far as the Nature of the Case may make it necessary
or proper to vary from the same respectively; and no Variance or
Defect, or verbal or technical Error therein, or in any Notice or Docu-
ment under this Act, not calculated to mislead, shall invalidate or
vitiate such Proceeding, Notice, or Document.

XX. And be it enacted, That this Act shall only extend to
Lands in Ireland.

15

SCHE

2

SCHEDULE.

No. 1.

I hereby give Notice, That I intend to execute the following Improvements on my Holding of

and the Parish of

in the Townlands

in the County of

that is to say [here describe the Improvements] and that I have estimated the Cost of such Improvements to be as follows:

[Here give a particular of the estimated Expenses of the proposed Im

I [Name of Landlord], Landlord of [Name of Tenant], holding of me the Lands of

and County of

in the Parish of

Day of

do hereby solemnly and sincerely declare, That having received a Notice from [the Name of the Tenant], bearing Date the and in the Words and Figures following [here insert the Notice given by the Tenant], I have caused to be served on [here describe the Tenant or other Person on whom and the Place where the Counter Notice has been served] a Counter Notice in the Words following [here set out the Counter Notice]; and that I have, in pursuance thereof, expended the Sum of ₤ in executing the following Improvements on the Holding of the said [the Name of the Tenant]; that is to say,

[Here describe the Improvements executed.]

No. 3.

I [Name of Tenant], Tenant of [Name of Landlord], holding the Lands of in the Parish of

and County of do hereby solemnly and sincerely declare, that I have caused to be served on [here describe the Landlord or other Person on whom the Notice has been served], a Notice in the Words following [here set out the Notice], and that I have, in pursuance thereof, duly executed the following Improvements on my said Holding; that is to say,

[Here describe the Improvements executed.]

Tenant Right (Ireland) Bill.

ARRANGEMENT OF CLAUSES.

Preamble recites the Tenant Right Custom according to the Usage
in the Province of Ulster; Tenants having made Improvements
which increase the Value of the Premises not to be evicted without
being paid for the same according to the Custom of the Tenant
Right, where that Custom is proved, or in other Cases a Com-
pensation equivalent to the increased Value created; Sect. 1.
Definition of Terms, 66
Tenant," "Landlord,' "Improvement,
Award," "Arbitrators," &c.; Limitation to Agricultural Tene-
ments, and to Improvements which increase the Value or annual
Rent of the Premises; 2.

66

The Tenant to be allowed for all Improvements made by himself, or those from whom he has derived; 3.

Regulations for referring disputed Cases to Arbitration; 4.

If an Award be not made, any Claim not exceeding 100l. to be
referred to the Assistant Barrister at the Quarter Sessions; a Jury
may be impannelled, if required by either Parties; 5.

If the Claim exceeds 100%., to be referred in like Manner to the
Judge of Assize; 6.

Rules for Awards; 7.

If the Landlord continues the Tenant in occupation at such Rent as
shall be agreed upon between the Parties, or settled by Arbitration,
he shall not be liable to pay Compensation; such Continuance of
Tenancy to be for a Term of not less than Fourteen Years; 8.
Tenant who has made claim for Compensation not to be evicted till
his Claim has been decided, and the Amount of such Decision
paid; 9.

Provisions for an equitable Adjustment of Rent with regard to
Premises held by Leases made during the Existence of the Corn
Duties; 10.

If Tenant be refused Liberty to sell his Interest, he may offer to
surrender, and claim Compensation as in other Cases; 11.

If Tenant shall not claim Compensation for Buildings, or his Claim for Compensation shall be refused, he may pull down and remove the same, leaving the Premises in the same Condition as before;

12.