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LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - LONG TITLE

An Act to consolidate and amend the Law of Landlord and Tenant in
Ireland.{1}
[28th August 1860]
Preamble rep. by SLR 1892

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 1
Interpretation of terms.

1. In the construction of this Act the following words and
expressions shall have the force and meaning hereby assigned to
them, unless there be something in the subject or context repugnant
thereto:

The word "person" or "party" shall extend to and include any body
politic, corporate, or collegiate, whether aggregate or sole, and any
public company:

The word "lease" shall mean any instrument in writing, whether under
seal or not, containing a contract of tenancy in respect of any
lands, in consideration of a rent or return:

The word "lands" shall include houses, messuages, and tenements of
every tenure, whether corporeal or incorporeal:

The word "acre" shall mean statute acre:

The word "landlord" shall include the person for the time being
entitled in possession to the estate or interest of the original
landlord, under any lease or other contract of tenancy, whether the
interest of such landlord shall have been acquired by lawful
assignment, devise, bequest, or act and operation of law, and
whether he has a reversion or not:

The word "tenant" shall mean the person entitled to any lands under
any lease or other contract of tenancy, whether the interest of
such tenant shall have been acquired by original contract, lawful
assignment, devise, bequest, or act and operation of law:

The expression "perpetual interest" shall comprehend, in addition to
any greater interest, any lease or grant for one or more than one
life, with or without a term of years, or for years, whether
absolute, or determinable on one or more than one life, with a
covenant or agreement by a party competent thereto, in any of such
cases, whether contained in the instrument by which such lease or
contract is made or in any separate instrument, for the perpetual
renewal of such lease or grant:

The word "rent" shall include any sum or return in the nature of
rent, payable or given by way of compensation for the holding of
any lands:

The word "agreement" shall include every covenant, contract, or
condition expressed or implied in any lease:

Definition rep. by SLR 1980

The expression "chairman" shall mean the chairman of the quarter
sessions of the county, and shall extend to and include ... the
recorder of any borough or town in Ireland under the Municipal
Corporations (Ireland) Act, 1840, and their deputies lawfully
appointed:

Definition rep. by SLR 1893; SR 1979/103

[The expression "order for delivery of possession of land" means an
order for delivery of possession of land made under [Article 53(1)
of the Judgments (Enforcement) (Northern Ireland) Order 1981.]]

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 2
Short title.

2. In citing this Act it shall be sufficient to use the expression
"The Landlord and Tenant Law Amendment Act, Ireland, 1860."

Relation to rest on contract of parties, &c.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 3

3. The relation of landlord and tenant shall be deemed to be
founded on the express or implied contract of the parties, and not
upon tenure or service, and a reversion shall not be necessary to
such relation, which shall be deemed to subsist in all cases in
which there shall be an agreement by one party to hold land from
or under another in consideration of any rent.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 4
Contract for definite periods to be by deed or note in writing.

4. Every lease or contract with respect to lands whereby the
relation of landlord and tenant is intended to be created for any
freehold estate or interest, or for any definite period of time not
being from year to year or any lesser period, shall be by deed
executed, or note in writing signed by the landlord or his agent
thereunto lawfully authorized in writing.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 5
Continuance of possession after expiration of contract may be deemed
a new holding.

5. In case any tenant or his representative, after the expiration
or determination of the term agreed upon in any lease or instrument
in writing, shall continue in possession for more than one month
after demand of possession by the landlord or his agent, such
continuance shall, at the election of the landlord, be deemed to
constitute a new holding of the said lands from year to year,
subject to the former rent and to such of the agreements contained
in the lease or instrument as may be applicable to the new
holding.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 6
Presumed commencement of tenancy from year to year.

6. Every tenancy from year to year shall be presumed to have
commenced on the last gale day of the calendar year on which rent
has become due and payable in respect of the premises, until it
shall appear to the contrary.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 7
Surrenders to be by deed or note in writing or by operation of
law.

7. The estate or interest of any tenant under any lease or other
contract of tenancy shall not be surrendered otherwise than by a
deed executed, or note in writing signed by the tenant or his
agent thereto lawfully authorized in writing, or by act and
operation of law.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 8
Lease may be renewed without surrender of under-tenancies, &c.

8. The surrender of any lease made before or after the passing of
this Act for the purpose of obtaining a renewal thereof, shall be
valid without the surrender of the interests of the under-tenants
thereunder; and the owners of such renewed lease for the time being
and their representatives shall have the same rights and remedies as
against such under-tenants as he or they would have had or have
been entitled to had such surrender not been executed; and the
chief landlord shall have the same remedies against the premises for
the rents and duties reserved in such new lease, not exceeding the
rents and duties reserved by the lease out of which such
under-tenancies were derived, as he would have been entitled to in
case no such surrender had been executed.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 9
Modes of assignment of estate and interest of tenant.

9. The estate or interest of any tenant in any lands under any
lease or other contract of tenancy shall be assigned, granted, or
transmitted by deed executed, or instrument in writing signed by the
party assigning or granting the same, or his agent thereto lawfully
authorized in writing, or by devise, bequest, or act and operation
of law, and not otherwise; ....

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 10
Restriction on assignment contrary to agreement.

10. Where any lease has been or shall be made containing an
agreement restraining or prohibiting assignment, the benefit of which
has not been waived before the first day of June one thousand
eight hundred and twenty-six, it shall not be lawful to assign the
lands or any part thereof contrary to such agreement without the
consent in writing of the landlord or his agent thereto lawfully
authorized in writing, testified by his being an executing party to
the instrument of assignment, or by an indorsement on or
subscription of such instrument.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 11
Assignee subject to condition against assignment or subletting.

11. Every assignee of the estate or interest or any part thereof
of any tenant, by lawful assignment, or by devise, bequest, or act
and operation of law, made after the passing of this Act, shall be
subject to the observance of all agreements in respect of assignment
of sub-letting to the same extent as the original tenant might have
been.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 12
Benefit of agreements to enure against assignee, &c. of the tenant
and in favour of heir or assignee of the landlord.

12. Every landlord of any lands holden under any lease or other
contract of tenancy shall have the same action and remedy against
the tenant, and the assignee of his estate or interest, or their
respective heirs, executors, or administrators, in respect of the
agreements contained or implied in such lease or contract, as the
original landlord might have had against the original tenant, or his
heir or personal representative respectively; and the heir or
personal representative of such landlord on whom his estate or
interest under any such lease or contract shall devolve or should
have devolved shall have the like action and remedy against the
tenant, and the assignee of his estate or interest, and their
respective heirs or personal representatives, for any damage done to
the said estate or interest of such landlord by reason of the
breach of any agreement contained or implied in the lease or other
contract of tenancy in the lifetime of the landlord, as such
landlord himself might have had.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 13
Benefit of agreements to enure against assignee of the landlord, and
in favour of heir, &c. or assignee of the tenant.

13. Every tenant of any lands shall have the same action and
remedy against the landlord and the assignee of his estate or
interest, or their respective heirs, executors, or administrators, in
respect of the agreements contained or implied in the lease or
other contract concerning the lands, as the original tenant might
have had against the original landlord, or his heir or personal
representative respectively; and the heir or personal representative
of such tenant, on whom his estate or interest shall devolve or
should have devolved, shall have the like action and remedy against
the landlord, and the assignee of his estate or interest, and their
respective heirs and personal representatives, for any damage done to
the said estate or interest of such tenant by reason of the breach
of any agreement contained or implied in the lease or other
contract of tenancy in the lifetime of the tenant, as such tenant
might have had.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 14
Benefit and liability of assignee to cease after assignment over.

14. No landlord or tenant, being such by assignment, devise,
bequest, or act and operation of law only, shall have the benefit
or be liable in respect of the breach of any covenant or contract
contained or implied in the lease or other contract of tenancy,
otherwise than in respect of such rent as shall have accrued due,
and such breaches as shall have occurred or continued subsequent to
such assignment, and whilst he shall have continued to be such
assignee: Provided, however, that no assignment made by any assignee
of the estate or interest of any tenant shall discharge such
assignee from his liability to the landlord, unless and until notice
in writing of the particulars of such assignment shall have been
given to the landlord.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 15
Assignee liable till next gale day.

15. Every tenant, being an assignee as aforesaid, who shall have
assigned his estate or interest in the lease or other contract of
tenancy in the interval between two gale days, shall, notwithstanding
such assignment, be liable as assignee to the payment of the rent
and the performance of the agreements contained in the lease or
other contract up to and including the gale day next following the
service of notice of the said assignment.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 16
Discharge of tenant from agreements, on assignment with consent of
landlord.

16. From and after any assignment hereafter to be made of the
estate or interest of any original tenant in any lease, with the
consent of the landlord, testified in manner specified in section
ten, the landlord so consenting shall be deemed to have released
and discharged the said tenant from all actions and remedies at the
suit of such landlord, and all persons claiming by, through, or
under him, in respect of any future breach of the agreements
contained in the lease, but without prejudice to any remedy or
right against the assignee of such estate or interest.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 17
Fixtures of trade or agriculture, &c. erected by the tenant may be
removed.

17. Personal, chattels, engines, and machinery, and buildings
accessorial thereto, erected and affixed to the freehold by the
tenant at his sole expense, for any purpose of trade manufacture,
or agriculture, or for ornament, or for the domestic convenience of
the tenant in his occupation of the demised premises, and so
attached to the freehold that they can be removed without
substantial damage to the freehold or to the fixture itself, and
which shall not have been so erected or affixed in pursuance of
any obligation or in violation of any agreement in that behalf, may
be removed by the tenant, or his executors or administrators, during
the tenancy, or, when the tenancy determines by some uncertain
event, and without the act or default of the tenant within two
calendar months after such determination, except so far as may be
otherwise specially provided by the contract of tenancy; provided,
that the landlord shall be entitled to reasonable compensation for
any damage occasioned to the premises by such removal.

Subletting contrary to agreement to be void.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 18

18. When any lease has been or shall be made containing an
agreement against subletting or against letting in conacre, the
benefit of which has not been waived before the first day of June
one thousand eight hundred and twenty-six, it shall not be lawful
for the tenant to sublet the said lands or any part thereof, or,
in case of an agreement against letting in conacre, to let the
same in conacre, without the express consent in writing of the
landlord or of his agent thereto lawfully authorized, testified by
his being a party to the instrument of sub-lease, or by an
indorsement on or subscription of such instrument, or by a note in
writing signed by such landlord or his agent; and no receipt of
rent by any landlord or his agent shall be deemed to be a waiver
of any such agreement against subletting.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 19
In cases of subletting with consent, payment to tenant shall free
sub-tenant from liability to landlord.

19. Where any subletting shall take place with the consent of the
landlord given in manner aforesaid, except in the case of a
building lease, and the sub-tenant shall have paid and satisfied the
rent or any part therof due from him to the tenant or his
representatives, the receipt of such tenant or his representatives
shall be a full discharge to such sub-tenant and the lands sublet,
as against the landlord so consenting, in respect of all rent
issuing out of the same and theretofore due, except so much, if
any, as remains due from the sub-tenant; provided the landlord shall
not have previously served the notice upon the default herein-after
mentioned: Provided always, that such discharge to such sub-tenant
shall be without prejudice to the landlord's remedies for the
balance of his rent against the tenant or his representatives and
the other premises out of which such rent shall accrue due.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 20
Landlord may give notice to sub-tenant to pay rent to him.

20. Where any tenant subletting shall neglect to pay to his
landlord the rent payable in respect of the lands comprised in the
lease, it shall be lawful for the landlord, or his agent lawfully
acting in that behalf, after and as often as one gale of such
rent shall have accrued due and remained unpaid for the space of
one month, to give notice in writing to the sub-tenant, requiring
him to pay to the landlord so much of the rent payable by such
sub-tenant to the tenant under whom he holds as may be sufficient
to discharge the gale or gales stated in such notice to be due
from the tenant to the landlord, such notice to be delivered to
the sub-tenant, or left at his usual place of abode with some
member of his family above the age of sixteen years; and thereupon
such sub-tenant shall be liable to pay to the landlord all rent
that may accrue due after the receipt of such notice, or so much
thereof as may be sufficient to discharge such gale or gales; and
the receipt of the landlord or his agent shall be a full discharge
to the sub-tenant against the tenant in respect of all rent so
paid; and the said landlord and his representatives shall be
entitled to all such rights and remedies for the enforcing payment
of such rent as the said tenant so subletting might have had.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 21
Sub-tenant may voluntarily pay rent to landlord.

21. Where any tenant subletting shall neglect to pay his landlord
the rent payable in respect of the lands comprised in the lease,
it shall be lawful for the sub-tenant, after and often as any one
gale of such rent shall have accrued due and remain unpaid to such
landlord, and before any action brought by such tenant against the
sub-tenant, voluntarily to make payment of so much of the rent due
by such sub-tenant to such tenant as may be sufficient to discharge
such gale or gales; and the receipt of the landlord or his agent
shall be a full discharge to the sub-tenant against the tenant in
respect of all rent so paid.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 22
Subletting with consent not a general waiver.

22. When any subletting shall take place with such consent as
aforesaid, it shall not be deemed a general waiver of the benefit
of the agreement against subletting.

Proof of contents of lease by counterpart or copy.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 23

23. In all actions, suits, and proceedings, proof by or on behalf
of any landlord of the perfection of the counterpart of any lease
shall be equivalent to proof of the perfection of the original
lease; and in case it shall appear that no counterpart existed, or
that the counterpart has been lost, destroyed, or mislaid, proof of
a copy of the original lease or counterpart, as the case may be,
shall be sufficient evidence of the contents of the lease as
against the lessee or any person claiming from or under him.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 24
Proof of landlord's title, when derivative.

24. In all actions, suits, and proceedings brought by or against
any person claiming to be landlord otherwise than by original
contract, after proof of the original lease or contract, it shall
be sufficient prima facie evidence of the title of such person as
landlord, as to all parties in the said suit or proceeding, to
prove that he has for one year at least, or that the person under
whom immediately he derives his title has for one year at least,
and within three years before the transmission of such title,
received the rent of the lands in respect of which such action,
suit, or proceedings shall be brought from a party in possession
thereof.

Tenant in fee farm not impeachable of waste.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 25

25. No tenant of any lands entitled to any perpetual interest under
any lease or grant made after the first day of January one
thousand eight hundred and sixty-one shall be impeachable of any
waste, other than fraudulent or malicious waste, except in so far
as such tenant shall, by any agreement contained in the lease or
grant, be prohibited from doing or permitting any act: Provided,
that no fee-farm grant made under the Renewable Leasehold Conversion
Act, or any renewed lease executed after the first of January one
thousand eight hundred and sixty-one, in pursuance of an agreement
for renewal contained in a lease made before the passing of this
Act, shall be deemed to be a perpetual interest made after the
first day of January one thousand eight hundred and sixty-one within
the meaning of this section.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 26
Tenant of lesser interest not to open mines or quarries to commit
other waste.

26. No tenant of any lands holden for any estate or interest less
than a perpetual estate or interest, made after the first day of
January one thousand eight hundred and sixty-one, by virtue of any
lease or contract, shall, without the previous consent in writing of
the landlord, being a person competent to grant such licence, or of
his agent duly authorized to act on his behalf, open, dig for any
unopened mines, minerals, or quarries, or (except as herein-after
provided) remove the soil or surface or subsoil of the said lands,
or permit or commit any other manner of waste thereon, unless the
said lands shall have been, in express terms, leased for the
purpose or with the permission of being so used and enjoyed.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 27
Tenant may work mines already opened.

27. Where any lease shall be made on or after the first day of
January one thousand eight hundred and sixty-one of lands containing
any mines or minerals which at the time of the making of such
lease shall have been opened or worked, it shall be lawful for the
tenant thereof to enter upon and follow, and to work and dig for,
and remove the said mines or minerals, whether they shall have been
granted by name or not in the said lease, unless by the said
lease it shall be otherwise provided.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 28
Tenant may work quarries already open, but not for profit or sale.

28. Where any lease or demise shall be made on or after the first
day of January one thousand eight hundred and sixty-one of lands
containing any quarries or beds of stone, limestone, sand, marl,
gravel, or clay, which at the time of the making of such lease
shall have been opened or worked, it shall be lawful for such
tenant, unless by the said lease otherwise provided, to work, dig
for, and use such quarries or beds so far as may be necessary or
useful for the purposes of agriculture and good husbandry, and the
lawful erection or repair of any necessary buildings on the said
lands, but not for any purpose of trade or manufacture, or for
profit or sale, unless the right so to use and enjoy the same
shall have been expressly granted in writing by the landlord being
competent so to grant as aforesaid.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 29
Tenant may cut turf, but not for profit or sale.

29. Where any lease or demise shall be made on or after the first
day of January one thousand eight hundred and sixty-one of lands
containing turf bog, unreclaimed and unprofitable for agriculture, or
where any lease shall be so made giving a right of turbary on the
premises, or conferring a right of common of turbary on premises
not comprised in the lease, it shall be lawful for the tenant,
unless by the said lease it be specially provided to the contrary,
to cut, use, and enjoy the said turf bog, so far as shall be
necessary for the bona fide use on the demised premises of the
tenant and his lawful sub-tenants, but not for any purpose of trade
or manufacture, or for profit or sale, unless the right so to use
and enjoy the same shall have been expressly granted in writing by
the landlord being competent so as to grant as aforesaid.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 30
Tenant shall not burn land.

30. No tenant under any lease or contract of tenancy conferring an
estate or interest less than a perpetual estate or interest shall
burn or permit to be burned the soil or surface of the land, or
any part thereof, without the previous consent in writing of the
landlord, being a person competent to grant such licence, under a
penalty not exceeding twenty pounds for each statute acre or any
fractional part of an acre on which such burning shall take place,
to be recoverable by the immediate landlord by civil bill action
....

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 31
Tenant shall not cut or lop trees.

31. No tenant of any lands holden under any lease or other
contract of tenancy conferring an estate or interest less than a
perpetual estate or interest, and made on or after the first day
of January one thousand eight hundred and sixty-one, shall cut down,
top, lop, or grub any tree or wood growing on the said lands,
unless such tenant shall be authorized thereto by covenant or
agreement in the lease under which the lands are holden, if there
be a lease, or unless such tenant shall have the previous consent
in writing of the landlord competent to give such consent for that
purpose, or shall have been lawfully required so to do, under a
penalty not exceeding five pounds for each tree cut down, topped,
lopped, or grubbed, to be recoverable by the immediate landlord by
civil bill action ...: Provided, that nothing in this provision
contained shall affect any right which any tenant may lawfully
exercise or enjoy in respect of trees duly registered and belonging
to such tenant, or in respect of willows, osiers, or sallows, under
any Act in force in Ireland.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 32
Where mines are reserved, landlord may work or lease the mines.

32. Where lands shall be granted or leased for any estate or
interest, excepting thereout the mines and minerals upon the demised
premises, it shall be lawful for the person entitled to the rent
thereof, in fee simple, fee farm, fee tail, or for life, with
immediate remainder to his own issue, to open, dig for, and work
all mines and minerals found in or upon the said lands, and to
carry away the ore thereof, or to lease the same to any person or
persons for any term within the leasing power of such person in
respect of mines and minerals; and such owner or his lessee shall
have full liberty to enter on the said lands, and to build and
make all houses, railways, tramways, and conveniences necessary for
the purpose of mining, and to employ all streams on the said land
not previously occupied, making to the tenant of said lands such
yearly or other compensation or allowance for the damage sustained
by reason of such digging of the ore, or building the said houses,
or otherwise using of the said lands or streams, as shall be
agreed upon between the said parties, or, in case they shall not
agree, then such compensation or allowance as shall be ascertained
by the chairman of the county upon a civil bill action brought for
that purpose ...: Provided, however, that no person shall search
for, open, or work any mine or mineral, by virtue of this Act, on
any spot of ground on which any church or other place of worship,
graveyard, cemetery, or public school shall be situate, nor within
thirty yards thereof, nor upon any spot of ground on which any
house, outhouse, garden, orchard, or avenue shall be situate, without
the consent of the tenant in possession thereof first had and
obtained.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 33
Compensation to be ascertained by civil bill action.

33. Where such parties shall not agree upon the amount of
compensation to be paid for the injury sustained by the entry on
or use of lands for the purpose of mining in manner aforesaid, it
shall be lawful for the party claiming such compensation to bring a
civil bill action for the amount claimed ....

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 34
Tenant, in lieu of emblements, shall continue to hold until last
gale day of current year.

34. Where the lease or tenancy of any farm or lands (held at
rackrent) shall determine by the death or cesser of the estate of
any landlord entitled for his life or for any other uncertain
interest, or by the death of the lives in the tenant's lease, or
by the happening of any contingency whereby such lease or tenancy
shall determine without the act or default of the tenant, the
tenant in occupation, in lieu of the right to emblements, where
such right shall exist, shall, if he think proper so to do,
continue to hold and occupy such farm or lands until the last gale
day of the current year in which such tenancy shall determine, and
shall then quit upon the terms of his lease or holding, in the
same manner as if such lease or tenancy were then determined by
effluxion of time or other lawful means, during the continuance of
his landlord's estate; and the landlord or succeeding landlord or
owner shall be entitled to recover rent from the tenant in the
same manner as if the tenant's interest had only determined on such
gale day; and the landlord, or the succeeding landlord or owner,
and the tenant respectively, shall, as between themselves and as
against each other, be entitled to all the benefits and advantages,
and be subject to all the terms, conditions, and restrictions, to
which the landlord or preceding landlord or lessor and such tenant
respectively would have been entitled and subject in case the lease
or tenancy had determined in manner aforesaid at the expiration of
such current year: Provided always, that no notice to quit shall be
necessary or required by or from either party to determine any such
holding and occupation as aforesaid.

Justice's precept to restrain waste.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 35

35. Where any person shall be in possession of lands, or of any
dwelling house, outhouse, or buildings, as tenant thereof, or as a
servant or caretaker of any owner, or having obtained the possession
thereof from any such tenant, servant, or caretaker, and the
landlord or owner or other person interested in the preservation of
the premises, or any agent acting on his behalf, shall, by
affidavit, satisfy any justice of the peace of the county, not
being a party interested in the said premises, (who is hereby
authorized and required to take such affidavit,) that there exists
probable and just grounds of suspicion that such person is about to
commit or to permit or suffer any unlawful waste, injury,
alteration, destruction upon, or removal from any such dwelling
house, outhouse, or other building, or intends unlawfully to turn or
break up any part of the soil or surface or subsoil of the lands,
or unlawfully to remove the soil or surface or subsoil of the said
lands, or unlawfully to cut down, top, lop, or grub any trees,
woods, or underwoods growing on the said lands, or otherwise use or
misuse the premises or any part thereof, contrary to his agreement,
or that he is in the act of doing or suffering any of the
aforesaid matters, it shall be lawful for such justice of the peace
to issue his precept in writing under his hand and seal, stating
that information had been received that such waste or injury is
intended to be or is in the act of being done or permitted, and
commanding all such persons and all other persons whomsoever to
desist from such waste or injury, and not to continue the same
until special leave and authority for that purpose shall be first
procured from the magistrate who shall have signed such precept, or
until the subject matter of the said information be inquired into
at the next petty sessions of the district in which the said
premises are situate, or such other time as may be therein
mentioned; and such precept may be according to the Form No.1 in
the Schedule (A) to this Act annexed, and shall be served on every
or any person by whom it shall be suspected that such waste or
injury is intended to be or is being committed, by delivering a
copy thereof to such person, if he can be found, and, if not, by
affixing a copy thereof on the principal door or entrance to the
dwelling house, outhouse, or other building, and, if there be no
such house or building, on some conspicuous part of the premises;
and the said persons shall and may attend at the petty sessions,
and such order may be made thereat by the court of petty sessions
for annulling or continuing for a limited period the said precept,
or otherwise, as may be agreeable to justice.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 36
Punishment of disobedience of precept.

36. If any person shall, after the service or posting of such
precept, in disobedience thereto, without such leave and authority as
aforesaid, proceed with or continue to do the act prohibited by
such precept, or wilfully aid, abet, or assist in so doing, he
shall, on conviction thereof before two or more justices of the
peace at petty sessions, be liable to be imprisoned for a period
not exceeding one calendar month; and all the provisions of the
Petty Sessions (Ireland) Act, 1851, respecting summary convictions
before justices at petty sessions, and respecting appeals therefrom,
shall be applicable to every conviction under this section.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 37
Annulling of precept, &c.

37. It shall be lawful for [the Supreme Court of Judicature of
Northern Ireland], or any judge thereof, or for the [Crown Court],
or for the chairman presiding in the county, on a summary
application on behalf of any person aggrieved by any such precept,
order, or conviction, of which due notice shall be given to the
opposite party, to annul or vary any such precept granted by any
justice of the peace, or any order or conviction made at petty
sessions in relation thereto, and to award as between the parties a
reasonable sum for the costs occasioned by the procuring and
sustaining, or annulling or varying, the said precept, or order or
conviction, and reasonable compensation for any loss or damage caused
by the procuring such precept or order.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 38
Landlord may enter to inspect waste.

38. It shall be lawful for the landlord of any premises holden
under lease or other contract of tenancy made on or after the
first day of January one thousand eight hundred and sixty-one, upon
which any waste, misuser, or destruction shall have been committed
or suffered, and his agent lawfuly authorized, at any reasonable
time to enter upon the premises so wasted, or misused, and to
inspect, and, if necessary, to survey the same for the purpose of
ascertaining the nature and extent of any waste or injury done, or
the quantity of land burned contrary to the provisions of this Act;
and if any person shall hinder or obstruct such landlord or agent
in making such entry, inspection, or survey, he shall forfeit to
the said landlord a sum not exceeding ten pounds, to be recovered
by civil bill action ....

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 39
Ordinary civil remedies preserved.

39. Nothing in this Act contained shall deprive any landlord or
owner of any lands of any other remedy, either at law or in
equity, which he might previously have had or pursued against any
person for any injury sustained by such landlord or other person,
or for preventing such injury.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 40
On destruction of subject of the lease, tenant may surrender the
lease.

40. If any dwelling house or other building constituting the
substantial matter of the demise, and holden by any tenant under
any lease or other contract of tenancy not containing an express
covenant or agreement binding on the tenant to repair the same,
shall be destroyed, become ruinous and uninhabitable, or incapable of
beneficial occupation or enjoyment, by accidental fire or other
inevitable accident, and without the default or neglect of the said
tenant, it shall be lawful for such tenant to surrender the said
premises; and on tendering the said surrender and on payment of all
rent and arrears due or accruing due, or tendering the same, the
said tenant shall be thenceforth discharged from all obligation to
pay the rent or perform the covenants and conditions in the lease
thenceforward.

Agreements implied on behalf of landlord.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 41

41. Every lease of lands or tenements made after the commencement
of this Act shall (unless otherwise expressly provided by such
lease) imply an agreement on the part of the landlord making such
lease, his heirs, executors, administrators, and assigns, with the
tenant thereof for the time being, that the said landlord has good
title to make such lease, and that the tenant shall have the quiet
and peaceable enjoyment of the said lands or tenements without the
interruption of the landlord or any person whomsoever during the
term contracted for, so long as the tenant shall pay the rent and
perform the agreements contained in the lease to be observed on the
part of the tenant.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 42
Agreements implied on behalf of tenant.

42. Every lease of lands or tenements made after the commencement
of this Act (unless otherwise expressly provided by such lease)
imply the following agreements on the part of the tenant for the
time being, his heirs, executors, administrators, and assigns, with
the landlord thereof; that is to say,

<1.That the tenant shall pay, when due, the rent reserved and all taxes and impositions payable by the tenant, and shall keep the premises in good and substantial repair and condition:

<2.That the tenant shall give peaceable possession of the demised premises, in good and substantial repair and condition, on the determination of the lease (accidents by fire without the tenant's default excepted), subject, however, to any right of removal (or of compensation for improvements) that may have lawfully arisen in respect of them, and to any right of surrender in case of the destruction of the subject matter of the lease as herein-before mentioned.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 43
Waiver and dispensation of covenants.

43. Where any lease made after the commencement of this Act shall
contain or imply any condition, covenant, or agreement to be
observed or performed on the part of the tenant, no act hereafter
done or suffered by the landlord shall be deemed to be a
dispensation with such condition, covenant, or agreement, or a waiver
of the benefit of the same in respect of any breach thereof,
unless such dispensation or waiver shall be signified by the
landlord or his authorized agent in writing under his hand.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 44
Surrender of portion of premises not to prejudice rights of
landlord.

44. The surrender to or resumption by a landlord, or eviction of
any portion of the premises demised by a lease, shall not in any
manner prejudice or affect the rights of the landlord, whether by
action, by entry, or ejectment, as to the residue of said premises.

Action for rent in arrear.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 45

45. Every person entitled to any rent in arrear, whether in his
own right or in right of his see, dignity, benefice, or
corporation, or in right of his wife, or as executor or
administrator of any party deceased, under any lease or other
contract of tenancy, whether of freehold or for years or both, and
whether the estate or interest in such lease or contract shall be
continuing or not, shall be entitled to recover such arrear from
the tenant of such lands at the time of the accruing of the said
rent, or his executors or administrators, by an action in [the
Supreme Court of Judicature of Northern Ireland] or [where the
annual value of the lands does not exceed seventy-five pounds, in
the county court].

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 46
Action for use and occupation.

46. Every person entitled to any lands, and who shall suffer the
said lands to be holden or occupied by any person under an
agreement not specifying or determining the amount of rent, shall be
entitled to recover a reasonable satisfaction for the use and
occupation of the said premises holden or occupied by the said
person in an action in [the Supreme Court of Judicature of Northern
Ireland] or [where the annual value of the lands does not exceed
seventy-five pounds, in the county court].

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 47
Receipts to specify gale, and, if not, to be deemed to apply to
last gale.

47. Every receipt or acknowledgment for rent or for money paid on
account thereof, and given on or after the first day of January
one thousand eight hundred and sixty-one, shall specify the gale for
or on account of which the same was accepted and paid; and in
default thereof such money shall, in any action, suit, or proceeding
whatsoever, be deemed to have been paid and accepted for and on
account of the gale of rent which became due upon the gale day
immediately preceding the date of such payment, and shall be prima
facie evidence that all previously accrued gales have been satisfied.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 48
Set-off against rent.

48. All claims and demands by any landlord against his tenant in
respect of rent shall be subject to deduction or set-off in respect
of all just debts due by the landlord to the tenant.

S.49 rep. by SLR 1893

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 50
Provision for cases not coming within the provisions of clause 34.

50. In every case not coming within the provisions of clause
thirty-four, when the tenancy determines, otherwise than by the act
of the landlord, at any time before the day on which the rent
would become payable, the landlord at the time of such determination
(unless it is otherwise agreed) shall be entitled to a reasonable
proportion of the rent according to the time that has elapsed from
the commencement of the tenancy, or the last gale day, to the day
of the determination of such tenancy, including such day.

S.51 rep. by 1969 c.30 (NI) s.132 sch.6

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 52
Ejectment for year's rent unpaid.

52. Whenever a year's rent shall be in arrear in respect of lands
held under any fee farm grant, lease, or other contract of tenancy,
or from year to year, and whether by writing or otherwise, it
shall be lawful for the landlord immediately thereon, and before the
expiration of the time, if any, limited for re-entry thereupon in
any lease or agreement, to proceed by ejectment for the recovery of
the possession of the said lands in [the Supreme Court of
Judicature of Northern Ireland] or [where the annual value of the
lands does not exceed seventy-five pounds, in the county court]; and
the plaintiff's right to sue as such landlord shall not be defeated
by proof merely that the legal estate in the rent or lands is
vested in any other person not a party to such suit or proceeding,
but who would be a trustee for the plaintiff, provided that the
plaintiff was at the time of the institution of such suit or other
proceeding the person substantially and beneficially entitled to the
said rent.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 53
Proof of demand, &c. and of legal reversion unnecessary.

53. In any ejectment under this Act it shall not be necessary to
allege or prove the making of any demand or re-entry, or the
existence of any clause or condition of re-entry in the lease or
other contract, or of any legal reversion expectant on the
determination of the same, and subsisting in the landlord, provided
a tenancy between the parties shall appear to exist, whether by
original contract, or by lawful assignment, devise, bequest, or act
and operation of law.

Ss.5457 rep. by SLR 1893; 1959 c.25 s.154(3) sch.5

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 58
Judgment by default.

58. In any ejectment for nonpayment of rent brought in [the Supreme
Court of Judicature for Northern Ireland], when the tenant shall not
take defence to the ejectment, the affidavit of the landlord, his
agent, receiver, or clerk, stating the amount of rent due at the
time of the bringing of the ejectment, over and above all just and
fair allowances, shall be sufficient evidence of the amount due, and
shall, when the same amounts to or exceeds one year's rent, entitle
the landlord to judgment for the possession of the premises;
provided an affidavit of the service of the summons and plaint in
such ejectment shall have been duly filed according to the practice
of such Court.

S.59 rep. by 1959 c.25 s.154(3) sch.5. S.60 rep. by SLR 1893; 1959
c.25 s.154(3) sch.5. Ss.61, 62 rep. by SLR 1980

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 63
Tender before civil bill decree executed.

63. It shall be lawful for the defendant in any civil bill
ejectment for nonpayment of rent or any other person having a
specific interest in the lease or other contract of tenancy, at any
time before the decree for possession shall have been executed, to
pay to the plaintiff, or his executor or administrator, or agent or
attorney, in the said civil bill, all rent and arrear due at the
time of the service of the ejectment, together with the costs
incurred, or a sum sufficient to cover such costs, or to tender
the same, and, in case such tender shall be refused, to deposit
the money with the [chief clerk for the county court division], for
which lodgment a certificate and duplicate shall be granted in
manner aforesaid; and thereupon it shall be lawful for the chairman
to order all further proceedings to be stayed and to cease, upon
payment of such costs incurred up to the date of such tender as
he shall deem reasonable; and the money so lodged with the [chief
clerk] shall be paid over to the plaintiff, or his executor or
administrator or attorney, on demand: Provided, that the decision of
the chairman shall be subject to appeal in like manner as if it
were a decree or dismiss on a civil bill ejectment for nonpayment
of rent.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 64
Tender before order for delivery of possession executed.

64. It shall be lawful for the defendant in any ejectment for
nonpayment of rent in [the Supreme Court of Judicature of Northern
Ireland], or any other person having a specific interest in the
lease or other contract of tenancy, at any time before the [order
for delivery of possession of land] shall be executed, to pay to
the plaintiff, his executors or administrators, or his known agent
or receiver, or to the attorney in the cause, all the rent and
arrears due at the time of the service of the ejectment, together
with the costs, or a sum sufficient to cover such costs, or to
tender the same, and, in case such tender shall be refused, to
lodge the money in Court; and thereupon it shall be lawful for the
Court, or a judge thereof, to order all further proceedings to be
stayed and to cease upon payment of such costs incurred up to the
date of such tender as the Court or a judge shall deem to be
reasonable; and the money so lodged in Court shall be paid to the
plaintiff, or his executor or administrator or attorney, on demand;
and the defendant shall, notwithstanding any such payment, be at
liberty to have the costs taxed and paid back, if disallowed, with
the costs of the taxation, in case more than one sixth shall be
disallowed.[

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 65
Amount of rent to be stated on order for delivery of possession;
stay of enforcement.

65. In every order for delivery of possession of land in any
ejectment for non-payment of rent there shall be included a
statement of the amount of rent [due at the date of the giving of
the judgment or decree on which the order is based]; and if, at
any time before the enforcement of the order is completed, the
defendant pays to the Enforcement of Judgments Office the sum so
marked for rent, together with the costs [of the judgment or decree
(if ascertained) and the costs and expenses of enforcement thereof],
that Office shall stay such enforcement.]

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 66
Remedy for rent not to be prejudiced by recovery of possession.

66. Every landlord recovering possession by such judgment or decree
in any ejectment for non-payment of rent shall have the same remedy
for all arrears of rent to the time of the execution of such
judgment or decree as such landlord might have had if possession
had not been obtained under such judgment or decree.

S.67 rep. by SLR 1893

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 68
Appeal from civil bill decree.

68. Every decree or dismiss, or dismiss without prejudice, made or
pronounced by any chairman in any action or proceeding under this
Act, shall be subject to appeal, and under the same restrictions
and regulations as other cases of civil bills, unless so far as
the said regulations shall be inconsistent with the provisions of
this Act.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 69
Appeal not to stay execution unless rent lodged.

69. In any civil bill ejectment for nonpayment of rent, in case
there shall be a decree for possession pronounced by the chairman
therein, execution of such decree shall not be stayed by reason of
any appeal, unless the defendant shall deposit with the [chief clerk
for the county court division] the amount of the rent proved to be
due on the hearing of such civil bill, and the costs thereof; and
such deposit shall be in lieu of a recognizance in ordinary cases
of appeal, and shall be disposed of as the court shall direct.

Ss.70, 71 rep. by 1978 c.23 s.122(2) sch.7 Pt.I

Civil bill ejectment in case of overholding of tenements whose
annual value does not exceed #75.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 72

72. If any tenant of any lands [whose annual value does not exceed
seventy-five pounds] shall neglect or refuse to give possession of
the same after the determination of his interest either by notice
to quit or otherwise, it shall be lawful for such landlord to
proceed by civil bill ejectment against such tenant and such other
person, if any, as shall be in the actual possession of the said
premises ....

S.73 rep. by 1959 c.25 (NI) s.154(3) sch.5. S.74 rep. by SLR 1893

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 75
Security from overholding tenant in civil bill ejectment.

75. In any case in which the term or interest of any tenant under
any lease of any lands for any term or number of years certain,
or from year to year, or at the will and pleasure of the parties,
shall have expired, or shall expire or be determined by notice to
quit given either by the landlord or the tenant, and such tenant,
or any one holding or claiming by or under him, shall refuse to
deliver up possession accordingly, after lawful demand in writing
made and signed by the landlord or his agent and served personally
upon or left at the dwelling house or usual place of abode of
such tenant or person, and the landlord shall proceed by action of
ejectment for the recovery of the possession of the premises, it
shall be lawful for him, at foot of the summons and plaint, to
address a notice to such tenant or person of an application to the
court in which the action shall be pending, that the defendant be
required to find bail for such purposes as are herein-after
mentioned; and upon the appearance of the party on such motion, or,
in default of such appearance, on making the usual affidavit of the
service of the summons and notice, it shall be lawful for the
landlord producing the lease or other instrument regulating the terms
of the tenancy, or some counterpart or duplicate thereof, and
proving the execution of the same, and that the premises have been
actually enjoyed under such lease or instrument in writing, and that
the interest of the tenant has expired or been determined by a
regular notice to quit, and that possession has been lawfully
demanded, to move the court, or a judge thereof, that the tenant
or other person shall, within six days from the date of such
application, enter into a recognizance by himself and two sufficient
sureties in a reasonable sum, conditioned to pay the costs and
damages and mesne profits which shall be recovered by the plaintiff
in the action; and it shall be lawful for the court or a judge
to make such order thereon as shall seem to it to be just; and
in case the tenant or other person shall refuse or neglect to
comply with such order within the period aforesaid, then, upon an
affidavit of the service thereof, the plaintiff shall be at liberty,
notwithstanding any defence filed by such defendant, to enter up
judgment in ejectment for the recovery of the possession of the
premises and his costs of suit.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 76
Payment of double rent for overholding.

76. In case any tenant of any lands, or any person who shall come
into possession by or under or by collusion with such tenant, shall
wilfully hold over any lands or premises, or part thereof, after
the determination of the tenancy, whether by notice to quit given
by the landlord or by the tenant, or otherwise, and after a demand
of the possession made in writing by the landlord or his agent,
such tenant or other person shall pay to the landlord for such
time as he shall so hold or keep the possession double the rent
or sum which he should otherwise have paid, to be recovered at the
same times and in the same manner as the single rent or sum could
have been recovered during the term.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 77
Premises and mesne profits to the day of trial may be recovered in
ejectment.

77. In case of any ejectment for nonpayment of rent or for
overholding any premises, in [the Supreme Court of Judicature of
Northern Ireland], where the summons and plaint shall include a
claim for rent or mesne profits, the plaintiff, on proof of his
right, may recover the possession of the whole or some part of the
premises mentioned in the summons and plaint in ejectment and the
rent or mesne profits claimed thereby, and also the further mesne
profits thereof which might have accrued from the day to which the
mesne rates claimed have been calculated, or from the day on which
the rent for the nonpayment of which the ejectment shall be brought
fell due, to the day of such trial, or some proceeding day to be
specified. [Subject to county court rules, this section shall apply
to the like proceedings taken in county courts.]

S.78 rep. by SLR 1893; 1959 c.25 (NI) s.154(3) sch.5

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 79
Justices may view premises and give certificate of desertion.

79. In case any lands or premises shall be deserted or abandoned
by the tenant thereof, and the premises left unoccupied, or the
lands or the greater portion thereof suffered by the tenant to
remain uncultivated or unemployed, contrary to the course of
husbandry, or the stock or crop thereof removed from the said
premises, it shall be lawful for any two or more justices of the
peace of the county in which such lands or premises or any part
thereof shall be situate, and being in no way interested in the
said lands or premises, at the request of the landlord thereof, or
of his agent or receiver, to go upon and view the same between
the hours of ten o'clock in the morning and four o'clock in the
afternoon, and, having fully ascertained to their satisfaction by
examination of witnesses or by their own view, that the premises
are so deserted or abandoned by the tenant, and left unoccupied or
uncultivated or unemployed, contrary to the course of husbandry, or
that the crops or stock have been removed, to certify to the
chairman of the county, under their hands and seals, that they have
together viewed the said premises, fully describing the same, and
that the same appeared to them to be deserted and unoccupied or
uncultivated or unemployed, contrary to the course of husbandry, or
that the stock or crops have been removed from the premises; and
such certificate ... shall be evidence of the facts stated therein,
unless the same shall be disproved to the satisfaction of the
chairman or the judge of assize on appeal.

S.80 rep. by 1959 c.25 (NI) s.154(3) sch.5

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 81
What to be deemed cottier tenancies under this Act.

81. Where any landlord shall by any agreement or memorandum in
writing let a tenement, wherever situate, consisting of a dwelling
house or cottage without land, or with any portion of land not
exceeding half an acre statute measure, at a rent not exceeding the
rate of five pounds by the year, for one month, or from month to
month, or in like manner for any lesser period of time, and shall
thereby undertake to keep and maintain the said dwelling house or
cottage in tenantable condition and repair, such tenancy shall
constitute and be deemed to be a cottier tenancy within the meaning
of this Act, and shall be subject to the provisions hereafter
contained in respect thereof.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 82
When cottier tenancy is determined by landlord, compensation to be
made for crop, &c.

82. In case any such tenancy shall be determined by notice to
quit, served by the landlord, the said landlord shall pay to the
tenant a fair compensation for any crops which may be growing on
the land belonging to such tenement, or any benefit accruing from
the manuring of such land, to be recovered by civil bill process
before the chairman of the county or riding in which the premises
may be situate; which civil bill proceeding shall be subject to the
same right of appeal as ordinary civil bill actions now are or
hereafter shall be.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 83
Cottier tenements to be repaired by landlord.

83. The landlord of such cottier tenement shall be bound to keep
and maintain the dwelling house in tenantable condition and repair;
and in case it shall be proved that the said dwelling house was,
by the landlord's default, unfit for occupation by reason of the
want of such repairs, no rent or compensation for the occupation of
the said tenement during the time it shall continue in such state
and condition shall be recoverable.

Ss.8499 rep. by 1864 c.99 s.60 sch.C; 1953 c.13 (NI) s.62 sch.5;
1959 c.25 (NI) s.154(3) sch.5; 1964 c.21 (NI) s.172 sch.7; 1969
c.30 (NI) s.132 sch.6

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 100
No action against justice for granting warrant, &c.

100. No action shall be brought or prosecuted against any justice
or other person hereby authorized, by whom any precept or warrant
shall be issued or certificate shall be granted, nor against any
constable or bailiff by whom such precept or warrant may be
executed under and by virtue of this Act, by reason that the
person on whose application the same shall be granted had not
lawful right to recover the rent or the possession of the premises
therein mentioned, or to prohibit the act therein prohibited.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 101
Title to lands not to be drawn in question.

101.The title to any lands or premises shall not be drawn into
question in any proceeding by way of civil bill under this Act.

S.102 rep. by 1959 c.25 (NI) s.154(3) sch.5

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 103
Schedules to be part of the Act.

103. The schedules to this Act annexed shall be deemed and taken
to be a part of this Act; and the forms therein contained, or any
other forms to the like effect, may be used in the respective
cases to which they are applicable.

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 104
Repeal of Acts and parts of Acts as in sch.(B).

104. From and after the commencement of this Act, the several Acts
and parts of Acts set forth in the schedule (B) to this Act
annexed, so far as the same refer to the relation of landlord and
tenant in Ireland, but not otherwise, and to the extent to which
such Acts or parts of Acts are by such schedule expressed to be
repealed, and not further or otherwise, shall be and are hereby
repealed, except so far as may be necessary to support or enforce
any lease made or contract entered into, or as to anything
heretofore done, or any right acquired or liability incurred, and
except so far as any of the said Acts or parts of Acts repeal
any former Act or part of an Act, ....

LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 - SECT 105
Commencement of Act.

105. This Act shall come into operation on the first day of
January one thousand eight hundred and sixty-one.

Section 35.

County of M.To C.D and E.F., and all persons whom it may concern.

to wit.

WHEREAS information on oath has been this day laid before me, being
one of Her Majesty's justices of the peace for the county of M.,
that you, C.D. and E.F., being the occupiers of [or acting under
the authority of and in collusion with one M.N., being the occupier
of] a certain dwelling house [or farm of lands] situated at N. in
the barony of O. and county of M. aforesaid, and held by you as
[tenant from year to year, or otherwise, as tenant or caretaker, as
the case may be,] to A.B., do intend and are about to commit or
suffer [or are in the act of committing or suffering] certain
unlawful waste and injury to the premises by [state the nature of
the waste, injury, alteration, or removal which is apprehended or
actually being done,] contrary to the statute in that case made and
provided.

These are, therefore, to command and firmly enjoin you and each of
you, and all other persons whomsoever, not to proceed to [state
again the waste, &c., apprehended or being done], or to continue
the same, or otherwise to injure the said premises, or any part of
them, until special leave, licence, and authority in writing for
that purpose shall be first procured from and given by me the said
justice, or until the matter of the said information shall be first
inquired into at the petty sessions of the peace to be holden at
, on the day of next, and this my precept lawfully annulled or
altered in that behalf [or until the day of next, naming a
particular day, or further order].

And in case you shall disobey this my precept, you and each of
you, and all persons wilfully aiding, abetting, or assisting you in
so doing, will be punished in pursuance of the statute in that
case made and provided.

And all constables of police, and others, are hereby required to
prevent such waste or injury, and to apprehend and bring to justice
all persons present and aiding or assisting in such unlawful acts,
to be dealt with according to law.

Given under my hand and seal, this day of <,

.

ustice of the peace for the county of M.NNos.25 rep. by SLR 1893.
Nos.6, 7 rep. by 1969 c.30 (NI) s.132 sch.6

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