to make provision for the Disposal of certain appropriated for the supply of materials for the of public and private roads. [15th August 1876.] REAS it is expedient to provide for the disposal of ain lands herein described appropriated for the supply of to be used in the repair of the public and private roads

3:

herefore enacted by the Queen's most Excellent Majesty, th the advice and consent of the Lords Spiritual and and Commons, in this present Parliament assembled, and hority of the same, as follows:

e land has been allotted to or otherwise acquired by a Sale of exether in the name of the surveyor of highways or other hausted gravel pits wherein generally for the purpose of the supply of materials for there are of the public roads and highways in such parish, and private or he repair of private roads therein, or for some other other interests. blic or private, and the materials in such land shall be or shall not be suitable or required, and the land shall ilable for such other purpose, if any, the same shall be as land which falls within the operation of the third he Union and Parish Property Act, 1835, and the Parish nd Parish Debts Act, 1842, subject to the provisions -contained.

and decide on

e issuing their order for the sale of the land, the Local Local Governt Board shall hear and decide upon every objection and ment to hear in writing by any person claiming an interest therein, objections and e months from the passing of the resolution for the sale claims. , and shall either refuse to sanction the sale, or allow it providing, if necessary, for the interest of every person the same out of the purchase money.

interests of

-re be disputed claims to any interest in the said land, Disputed rson entitled to such interest be under legal disability, claims and hall direct that proceedings may be taken in the High disabled perustice, or, where the amount of the value in question sons. xceed fifty pounds, in the county court, for the settleh dispute, or for the proper disposal of such amount

is no such dispute.

the Board shall see fit they may order that the land Right of prered to the owner or owners, as the case may be, of the emption by

1 adjoining

willing to purchase the same at such price the same shall be sold to such owner or owners, and not otherwise; and the declaration of such owner or owners as to their willingness to purchase shall be given within a time to be appointed by the said Board.

to 5. Where any right to mines or minerals under the land is ith. claimed by the lord of the manor or other person, the Board may, if they see fit, reserve the same in their order for sale, or may order the sale subject to the right so claimed.

tion

ze of

6. The said Board, in dealing with the interest of the parish in rest the produce of the sale, shall cause such produce to be applied as sh in far as practicable in the repair of the highways in the parish, or in some permanent improvement of the highways, or in an investment, so that the annual dividends may be applicable in aid of the highway rate until the Board shall otherwise order; and the said Board shall have the like power of dealing with the produce of the sale of lands under the Highway Acts, if applied to by the surveyor of highways or any authority exercising the powers of such surveyor, where such produce cannot be conveniently appropriated in the manner provided by those Acts.

tion

7. The word "parish" shall include every township or other place separately maintaining its own highways, except that where such township is not a parish within the operation of the abovementioned Acts of the years 1835 and 1842 respectively, the proceedings to be taken under them shall be restricted to such township or place; provided that the churchwardens and overseers, or the overseers only, as the case may be, of the parish, as defined in the Poor Law Amendment Act of 1866, comprising such township or place shall discharge all the duties hereby rendered necessary for it in like manner as if it were co-extensive with such parish.

8. This Act shall be termed "The Sale of Exhausted Parish Lands Act, 1876."

otice

CHAPTER 63.

An Act to render necessary in Ireland a Year's Notice to Quit to determine a Tenancy from Year to Year, and otherwise to amend the Law as to Notices to Quit.

[15th August 1876.] WHEREAS it is expedient to require in Ireland a year's notice to quit to determine a tenancy from year to year, and other

wise to amend the law as to notices to quit:

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. In any letting which shall take place after the passing of 11 be this Act a year's notice to quit, expiring on any gale day of the calendar year on which the rent becomes due and payable in

ind

the holding

of the

where a notice to quit is now by law necessary for the tion of the same, except in the case when a tenant shall red a bankrupt, or shall have filed a petition for a on or arrangement with his creditors, and in that case ar's notice expiring on any gale day, irrespective of the he year when such tenancy commenced, shall be sufficient; ng in this section shall extend to the case of a tenancy to year where there is or may be an express agreement as to the time and mode of determining such tenancy. notice to quit, other than what was at the time of A year's notice g of this Act required by law, shall be necessary to to quit not a tenancy at will, or a tenancy less than a tenancy from certain

ar.

necessary in

tenancies.

re on a tenancy from year to year a notice to quit is given Resumption for dlord with a view to the use of land for any of the follow- improvements.

es:

viding of gardens for existing farm labourers cottages or

es;

tment for labourers of land for gardens or other purposes; ting of trees;

;

-ning or working of any coal, ironstone, limestone, or mineral, or of a stone quarry, clay, sand, or gravel pit, construction of any works or buildings to be used in xion therewith;

aining of brick earth, gravel, or sand; ing of a watercourse or reservoir;

ing of any road, tramroad, siding, canal, or basin, or any - pier, or other work connected therewith;

tice to quit so states, then it shall by virtue of this Act ction to the notice that it relates to part only of the

such case the provisions of "The Landlord and Tenant Act, 1870," respecting compensation, shall apply to the the premises mentioned in the notice to quit as on ion of a tenancy in respect of the entire holding.

nt shall also be entitled to a proportionate reduction of pect of the land comprised in the notice to quit and in any depreciation of the value to him of the residue of y caused by the withdrawal of that land from the by the use to be made thereof, and the amount of that hall be ascertained by agreement or settled under "The nd Tenant (Ireland) Act, 1870," as in case of compene forms already in use under the Land Act may be used esame may be applicable.

ase where the land comprised in a notice to quit under -ns of this section shall exceed in the whole one twentyany individual holding, or shall seriously interfere with g-house or farm buildings of such holding, the tenant er be entitled at any time within twenty-eight days

it

al

t

ly

have effect accordingly; but such notice to quit shall not be deemed a disturbance of the tenant within the meaning of "The Landlord and Tenant (Ireland) Act, 1870," if the Court shall be of opinion that the tenant was unreasonable in giving such notice in writing.

Provided always, that nothing contained in this section shall interfere in any respect with the rights and privileges of the landlord under the fourteenth section of "The Landlord and Tenant (Ireland) Act, 1870."

4. In any case where a tenant has died or shall die intestate, and no administration has been taken out to his estate, or in case a tenant has died or shall die leaving a will which has not been proved, it shall be sufficient to address a notice to quit "to the representatives of, and all persons claiming to represent (naming "the tenant), deceased," and it shall not be necessary to otherwise set out or describe who such representatives are; and such notice to quit so addressed shall be deemed to be sufficiently served by leaving one copy of such notice at the former dwelling-house of the deceased tenant, or posting it on some conspicuous part of the holding, and sending another copy of such notice in a prepaid registered post letter addressed in manner above mentioned and directed to the townland and county in which the holding, or any part thereof, is situated, and such notice shall be good and effectual notwithstanding any subsequent administration or probate granted to any person or persons whatsoever.

5. This Act shall not apply to any holding which is not agricultural or pastoral in its character, or partly agricultural and partly his pastoral, and the term " holding" shall include all land of the same character held by the same tenant of the same landlord for the same term, and under the same contract of tenancy.

n of

rd

6. So much of the fifty-eighth section of "The Landlord and the Tenant (Ireland) Act, 1870," as enacts that "a notice to quit shall not, in the case of a tenant from year to year, take effect until "after the expiration of a period of not less than six calendar Act, months from the date of the service of the notice, such period of "six calendar months, in the absence of agreement to the contrary, "to terminate on the last gale day of the calendar year," shall be and the same is hereby repealed, save and except as to notices to quit served before the passing of this Act. In lieu of the words so repealed, it is hereby enacted that in all cases of tenancies from year to year existing at the time of the passing of this Act, unless there be a special agreement in writing as to the time and mode of determining such tenancy, the tenancy shall only be determinable by a notice to quit expiring on the last gale day of any year, and served six calendar months previously; and every notice to quit so served and requiring the tenant to give up possession on such gale day shall be sufficient to determine the tenancy, irrespective of the period of the year at which such tenancy commenced, and such tenancy shall be determined on the day named in such notice in the same manner as if the tenancy had originally commenced upon a day of the year corresponding to such day.

Act may be cited as "The Notices to Quit (Ireland) Short title. ," and shall be construed as one Act with "The Landlord nt (Ireland) Act, 1870," save so far as it repeals or is nt with said Act.

CHAPTER 64.

c. 48.

to continue for one year the Police (Expenses) 875. [15th August 1876.] REAS by the Police (Expenses) Act, 1875, it is enacted 38 & 39 Vict. t so much of any Act as limits the amount authorised to puted by the Commissioners of Her Majesty's Treasury oneys provided by Parliament towards the expenses of e force in Great Britain to a particular amount, or a proportion of any annual sum or charge specified in such during the continuance of that Act, be repealed, and it is acted that that Act shall continue in force until the first tember one thousand eight hundred and seventy-six : ereas it is expedient that the said Act should be continued d of one year :

erefore enacted by the Queen's most Excellent Majesty, Ith the advice and consent of the Lords Spiritual and and Commons, in this present Parliament assembled, and hority of the same, as follows; (that is to say,)

Act may be cited as The Police (Expenses) Continuance Short title.

Police (Expenses) Act, 1875, shall continue in force till Continuance y of September one thousand eight hundred and seventy- of Act till 1st Sept. 1877.

CHAPTER 65.

o amend the Tramways (Ireland) Act, 1860, and mways (Ireland) Amendment Act, 1861, as rehe application of the same to the county and the of the city of Dublin. [15th August 1876.] EAS it is expedient to amend and vary the provisions. he Tramways (Ireland) Act, 1860, and The Tramways mendment Act, 1861, in this Act referred to as "The Acts," as regards the application of the same to the Dublin and the county of the city of Dublin:

refore enacted by the Queen's most Excellent Majesty, h the advice and consent of the Lords Spiritual and nd Commons, in this present Parliament assembled, and ority of the same, as follows:

ll not in future be necessary for the grand jury of the One approval ublin or the municipal corporation of the city of Dublin by grand jury

provisional approval of any undantaling

of county of