tained in such Manner as Parliament shall hereafter direct: Provided Proviso: Not to stop Ejectment for Nonalso, that nothing herein contained shall be construed to prevent a payment of Rent. Landlord from serving Notice of Ejectment and evicting the Tenant,

if Rent, as settled by the Award, to the Amount of One Year's Pay5 ment, shall be unpaid by the Tenant.

against Tenant to

Claim has not been

for, and that Proceed

that Purpose, or that

paid; the Court shall

favour of the Tenant

in such Cases, unless Award be paid forthlodged in Court, or sufficient Security

the Amount of the

with to the Tenant or

IX. And be it enacted, That if any Landlord against whom such If Landlord proceed Claim of Compensation shall be made as aforesaid shall proceed by eject him, Tenant may any Process of Law against the Tenant making such Claim for the plead in Court that his Purpose of recovering the Possession of the Premises in respect adjudged or settled 10 whereof such Claim shall have been made, it shall be lawful for such ings were pending for Tenant to prove, by Evidence at the Trial of such Ejectment, that Award had been made such Claim has been made on his Part in conformity with the Pro- and his Claim was not visions of this Act, and either that Compensation has been awarded give Judgment in to him, which Compensation has not been paid or tendered to be paid 15 by said Landlord, or that Proceedings were still pending for determining the Amount of Compensation due to the Claimant, and that no unnecessary Delay had taken place on the Part of such Claimant for the Purpose of having his Claim determined; and on Proof thereof, unless the Amount of the Award (if an Award has been 20 made) be forthwith paid to the Tenant or lodged in Court, or the Claim of the Tenant be otherwise settled for, or sufficient Security be given to the Court before Possession be given to the Landlord for the due Payment of any Sum which shall be awarded or decreed to be the Amount of the Tenant's Claim, such Tenant shall be entitled 25 to a Judgment or Decree in his Favour in the Matter of such Ejectment.

66

given that the Amount

of any Decree or Award shall be paid.

adjustment of Rents is

required in certain

Cases.

X. And whereas for a Series of Years past Agreements have been Preamble recites the made and Leases executed on the assumed Cases that the Prices of letting of Lands under protective Duties, and Produce would be sustained at certain regular high Rates by means that therefore a Re30 of protecting Duties: And whereas the said Duties have been repealed by an Act of the Tenth Year of the Reign of Her present Majesty, intituled "An Act to amend the Laws relating to the Importation of Foreign Corn:" And whereas the Prices of Produce have fallen, and the Averages may be expected to continue lower than the 35 assumed Rates under which Agreements as aforesaid were arranged, and it is therefore right that Provision should be made for an equitable Re-adjustment of the Terms of such Agreements: Be it therefore enacted, That any Tenant as defined and qualified under this Act, holding by Lease or written Agreement made since the Year One but before the passing of the aforesaid recited Act, may claim from his Landlord a Re-adjustment of Rent, and in case a Settlement shall not be made such Tenant may give Notice of Surrender, (which Notice shall be served not less C

40 thousand eight hundred and

431.

than

Tenants under Lease
made previous to the
Act of the 9th & 10th
Vict. c. 22. (Repeal of

the Corn Laws), and

since the Year 18 may serve Notice of

Surrender on the

Ground of Rent too

high, and claim Com

pensation for Improve

or Settlement of Rent by Arbitration.

ments by Arbitration, than Six Months before the Time of such Surrender,) and may claim Compensation for his Outlay in Improvements, or for his Tenant Right, as the Case may be; and such Tenant shall serve a Notice containing an Offer of the Rent at which such Tenant would be willing to continue to hold the Premises, and all Particulars herein- 5 before required in other Cases of Claims made by the Tenant, and also the Name of an Arbitrator; and if the Landlord shall not accept the Tenant at his own Offer of Rent, or at the Rent decided by the Arbitrators, the Tenant shall be entitled to the Compensation which shall be awarded on his making Surrender of the Premises; and it 10 shall not be lawful for the Landlord to make use of any Process of Law to recover any Rent which should become due after the Notice of Surrender had been served until a Settlement should be made of entitled to levy Rent the Tenant's Claims; but if the Tenant should refuse to continue

If Landlord refuse the Rent offered by the Tenant, or the Rent settled by the Arbitrators, the Tenant shall be entitled to surrender, and claim the Compensation awarded.

The Landlord not

accruing after Notice

of Surrender until

Settlement be made

with Tenant.

be made by Arbitra

tors, and Tenant

refuses to hold the

Premises at the Rent

Tenant on the Premises at the Rent determined by the Arbitrators, 15 or shall not pay the Rent so determined, and be ejected for such If an Award of Rent Nonpayment, such Tenant shall not be entitled to any Compensation, but such Tenant shall be at liberty to sell his Interest at such Rent to any solvent Tenant as next herein-after enacted: Provided always, awarded, such Tenant that if any Tenant holding by Lease or written Agreement as herein- 20 before stated shall desire to avail himself of the Powers conferred by this Act for a Re-adjustment of Rent in such Cases, such Tenant must serve Notice of his Desire to surrender, and of his Claim for Compensation, on or before the First Day of May One thousand eight hundred and fifty-one.

not entitled to Com.

pensation.

Proviso: Any Claim

under this Provision to

be made on or before

the 1st of May 1851.

Tenant, if refused

Liberty to sell to a

give Notice of Surrender, and claim Compensation or Value for Tenant Right.

25

XI. And be it enacted, That in case any Tenant as defined and solvent Tenant, may qualified under this Act, or holding under any Award as in this Act before provided, shall desire to sell his Interest in the Premises, and shall offer a Person as Purchaser who shall not be liable to reasonable Objection on the Part of the Landlord with reference to his not 30 being a "solvent Tenant" as herein-before defined, and such Landlord shall refuse Permission to the Tenant to make such Sale, then in such Case it shall be lawful for such Tenant (if he so thinks fit) to serve Notice of Surrender in like Manner and under like Regulations (save and except the Offer of Rent at which the Tenant would 35 continue to hold the Premises) as herein-before directed; and such Tenant shall be entitled to receive the Value of his Tenant Right, or Compensation otherwise, as in this Act before enacted: Provided always, that no Landlord shall be required to agree to any Offer of Sale or Purchase which would cause any Sub-division of the Premises 40 contained in the Occupancy, and let by such Landlord to a single Tenant; and provided also, that it shall be lawful for any Landlord to take Defence against any Claim made as above, on the Grounds that the Person offered as Purchaser could not be considered as being

Proviso: Landlord

not to be required to

sanction an Offer of Purchase for a Part any Occupancy let to a single Tenant.

of

Proviso: The Land lord may plead that the Person proposed as Purchaser would not be a solvent Tenant.

a "solvent

a "solvent Tenant;" and in case the Landlord shall give Evidence thereof to the Satisfaction of the Arbitrators or other adjudicating Tribunal, the Claim of the Tenant shall not be allowed.

sell, and carry away

Allowance made by

the Landlord or by

the Award of the

Arbitrators.

XII. And be it enacted, That if any Tenant shall have erected Tenant may pull down, 5 Buildings on the Premises in his Occupation, and shall not make the Materials of BuildClaim for Compensation for the same, or for the Value of the Tenant self, if not paid for, or ings erected by himRight of such Occupancy, or if such Tenant shall have made Claim, and Compensation shall be refused by the Landlord, or by the Award of any Arbitrators, or by the Decision of any Court or Jury, on the 10 Grounds of the Buildings not being suitable to the Premises, or for any other Cause, it shall be lawful for the Tenant to pull down and sell or carry away the Materials of such Buildings, and such Tenant shall not be liable to any Penalties or Action for Waste or Dilapidation for his so doing; provided he leaves the Premises in the same 15 Condition as before the Erection of such Buildings.

XIII. And be it enacted, That this Act shall extend only to Act for Ireland. Ireland.

XIV. And be it enacted, That this Act may be amended or May be altered or repealed by any Act to be passed during the present Session of repealed. 20 Parliament.

Ꭺ

BILL

ΤΟ

Relieve Occupiers of Lands or Tenements at Rack Rent from a Portion of the Rate levied for erecting and providing County Lunatic Asylums.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.

W

HEREAS by an Act passed in the Ninth Year of the

Reign of His late Majesty George the Fourth, intituled

"An Act to amend the Laws for the Erection and Preamble. Regulation of Lunatic Asylums, and more effectually to provide 5" for the Care and Maintenance of Pauper and Criminal Lunatics, 9 G. 4. c. 11. " in England," it was enacted, that in order to defray the necessary Expenses for the Execution of the said Act the Justices of the Peace in each County at their General or Quarter Sessions might and should assess and tax a special County Rate on all Places liable 10 to contribute to the County Rate; and it was further by the same Act enacted, that it should be lawful for the said Justices at their General or Quarter Sessions, if they should unanimously agree so to do, to direct that every Tenant at Rack Rent paying such Rent aforesaid might deduct and detain out of the Rent payable to his 15 or her Landlord or Landlords for the Premises in respect of which such Rate is payable One Half Part of the whole Amount of such Rate, and every Tenant at Rack Rent, having paid such Rate in

37.

manner