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person shall not show to the justice reasonable cause why possession should not be given under the act, upon proof of the holding, and the determination of the tenancy, and the landlord's title, (where it has accrued since the letting,) and the service of the notice, and of the neglect or refusal to quit, the justices shall issue a warrant to the constables, commanding them within some period, not being less than twenty-one days, or more than eighty, to enter and deliver possession to the landlord. Act not to protect any person applying for such warrant from any action for such entry where he had no lawful right to the possession.

2. Such notice may be served personally, or by leaving the same with some person being in and apparently residing at the party's place of abode. Notice to be read over and explained; but where such person or his abode cannot be found, the notice must be posted up on the premises.

3. The obtaining of the warrant by any person not having a right to the possession, shall be deemed a trespass by him, although no entry be made; and, in case the tenant or occupier shall enter into a bond with two sureties to sue such person without delay, and to pay the costs thereof, in case of not obtaining a verdict, the execution of the warrant shall be delayed until judgment, which judgment, if for the plaintiff, shall supersede the warrant, and entitle him to double costs.

4. Such bond shall be made to the landlord, or his agent, at their costs, and approved and signed by the justices; and if the bond shall be forfeited, or the judge at the trial shall not indorse upon the record that the condition of the bond hath been fulfilled, the party to whom the bond was given may recover upon it, subject to any order for the relief of the parties that the court may make.

5. Exempts justices and constables from liability. 6. Where landlord has a lawful title, he shall not be deemed a trespasser by reason of irregularity, but be liable to an action on the case for special damages,

which, if proved, but assessed by the jury at a sum not exceeding 5s., the plaintiff shall recover no more costs than damages, unless the judge shall certify that full costs ought to be allowed.

7. Interpretation of words, viz. "Landlord” shall be understood as signifying the person entitled to the immediate reversion of the premises, or, if the property be held in joint tenancy, coparcenary, or tenancy in common, any one of the persons entitled to such reversion; and the word "Agent" shall be taken to signify any person usually employed by the landlord in the letting of the premises, or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such landlord.

8. Act not to extend to Scotland or Ireland.

Prescription.

2d and 3d WILLIAM IV., cap. 71.-[Royal Assent, August 1, 1832.]

An Act for Shortening the Time of Prescription in certain Causes.

Sec. 1. No claim by custom, prescription, or grant, to any right of common, or other profit or benefit, (except tithes, rents, and services,) from or upon any land which shall have been enjoyed by any person claiming right thereto, without interruption for 30 years, shall be defeated by showing the first enjoyment of that right prior to that period; and when the same shall have been enjoyed for 60 years, the right thereto shall be deemed absolute, unless the same was enjoyed by some written consent or agreement. 2. Substitutes 20 years and 40 years for the above periods of 30 and 60, as to the claims "to any way or other easement, or to any watercourse," or the use of any water.

3. The right to lights shall be deemed absolute after an uninterrupted enjoyment of 20 years, unless enjoyed by consent in writing, any custom to the contrary notwithstanding.

4. The beforementioned periods to be deemed next before some suit, wherein the claim shall be brought into questions. And no act which is not acquiesced in for one year, after the party interrupted shall have notice thereof, and of the person making or authorizing the same, shall be deemed an interruption within the meaning of the act.

5. Contains directions as to pleading.

6. No presumption shall be made in favour of any claim upon proof of enjoyment of the right claimed for any less period than mentioned in the act as applicable to the case.

7. The time during which any person shall be under a disability, or during which any action which shall have been diligently prosecuted shall have been pending, shall (except as to cases where the claim is thereby declared absolute) be excluded in the computation of the periods then mentioned.

8. When any land or water shall be held for term of life, or any term of years exceeding three years, the time of enjoyment of any way, watercourse, or use of any water upon, over, or from it, during the continuance of such term, shall be excluded from the computation of the period of 40 years, mentioned in sec. 2, in case the claim shall be resisted within three years after the determination of such term by the person entitled to the reversion expectant thereon. 9. Act confined to England.

10. Act to commence Michaelmas term 1832.

Tithes.

2d and 3d WILLIAM IV., cap. 100.-[Royal Assent, August 9, 1832.]

"An Act for Shortening the Time required in Claims of Modus Decimandi, or exemption from, or discharge from Tithes.

Sec. 1. Prescriptions, and claims of and for any modus, or of or to any exemption from tithes, shall, in cases where the render of the tithes in kind shall be demanded by the king, or any other person or body, (other than a corporation sole,) be deemed valid upon evidence showing the payment of tithes, money, or other matter in lieu thereof for the period of 30 years, unless in the case of a claim of a modus, "the actual payment or render of tithes in kind or of money, or other thing differing in amount, quantity, or quality, from the modus claimed;" or, in case of claim of exemption from tithes," the render or payment of tithes, or of money, or other matter in lieu thereof, shall be shown to have taken place at some time prior to such 30 years," or it shall be proved that such payment or render of modus was made, or enjoyment had, by some consent or agreement, expressly made or given for that purpose by deed or writing. And if such proof in support of the claim be extended to the full period of 60 years, the claim shall be absolute, unless such payment or enjoyment was had by consent in writing. Such prescription or claim is made valid against corporations after the time that two persons in succession shall have held the benefice, and three years after the appointment of a third person thereto; or, if those periods should not amount to 60 years, then for that period, and three years after the appointment of such third person, unless such payment or enjoyment was by consent in writing.

W

By the 19th section of the Tithe Commutation Act, (6th and 7th William IV., cap. 71,) it is provided, that nothing therein contained shall revive any right to tithes, which then was, or thereafter might be, barred by any law then in force for that purpose.

2. Gives validity to every composition for tithes which had been confirmed by the decree of any court of equity in England, in a suit to which the ordinary and incumbent were parties. A modus or exemption which did not exist or was not acted upon within a year before the passing of the act excluded from its provisions.

3. The act not avoidable in any suit commenced before the end of one year after the session of 1832.

4. Act not applicable where any demise by deed or composition in writing, of or for tithes, was subsisting at the passing of the act, and a suit for the recovery of such tithes shall be instituted within three years from the determination of such demise or composition.

5. The time during which lands shall be held by persons entitled to the tithes thereof (whether as owner or lessee) is excluded in the computations under the act.

6. As also the time during which any person capable of resisting any claim shall be under any disability, or during which any suit shall be pending.

7. Directions as to allegations in pleadings.

8. No presumption to be allowed in support of any claim for any less period than mentioned in the act. 9. Act confined to England.

Wills.

1st VICTORIA, cap. 26.—[Royal Assent, 3d July

1837.]

An Act for the Amendment of the Laws with

respect to Wills.

Sec. 1. Definition of words: "Will" shall extend to a testament and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by a will and testament, or devise of the custody and tuition of any child by virtue of the 12th Charles II. "Real Estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and

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