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 — —— Part VIII.

Miscellaneous.

283

Sect. 6. 620. The right to emblements is now in most cases replaced by the Embleright to hold the land until the end of the current year of tenancy. ments. Where the lease or tenancy of any farm or lands, held by a tenant at rack rent, determines by the death or cesser of the estate of any Right to hold landlord entitled for his life or for any other uncertain interest, over instead instead of claims to emblements, the tenant may continue to hold g^^^^i^j^^^^g and occupy such farm or lands until the expiration of the then current year of tenancy, and then quit upon the terms of his lease The succeeding landlord is entitled to a fair proportion or holding. of the rent for the period which has elapsed since the cesser of the estate of his predecessor, and he and the tenant are as between themselves entitled and subject to all the benefits, terms and conand no notice to quit is necessary ditions of the lease or tenancy by either party to determine such holding or occupation (x). If there are no emblements which the tenant can claim he cannot hold over under this provision (a).

Sect.

621.

No person has

at

7.

common

Gleaning.

law a right to glean in the harvest No common

neither have the poor of a parish legally settled (as such) right {h) and a custom for poor and indigent householders living in a certain township to cut and carry away rotten boughs and branches in a chase cannot be supported (c). field



any such



Sect.

8.

Malicious

Damage

(d),

622. Maliciously to destroy, or damage with intent to destroy or Damage to (e), any machine or engine used for sowing, reaping, or crops. mowing, thrashing, ploughing or draining, or for performing any

render useless

other agricultural operation (/), or to set fire to crops, woods, heath, stacks etc. (g), to destroy hopbinds (h), or to destroy or damage trees and shrubs (i), is a felony and it is a misdemeanour maliciously to destroy or damage any vegetable production growing in a garden (k) or elsewhere (Z), or to commit damage to real property exceeding ^5 {m). Where damage is maliciously done to real property to an extent less than M5 {n), the offender may be

(x) (a) [h) •

(c)

Landlord and Tenant Act, 1851 (14 & 15 Vict. c. 25), s. 1. Stradhroolce v. Mulcahy (1852), 2 Ir. C. L. 406. Steel V. Houghton (1788), 1 Hy. Bl. 51. Selhy v. Robinson (1788), 2 Term Eep. 758; and see Gate-ward's Case

(1605), 6 Co. Eep. 59 b. (d) For this subject generally, see title Criminal and Phocedihie. (e) If the machine be taken to pieces by the owner, destruction or damage of any part is sufficient {R. v, Maclierel (1831), 4 C. & P. 448), unless the owner himself has destroyed some of the parts {R. v. West (1831), 2 Deac. Dig. Cr. Law, 1518); though both these cases were decided under 7 & 8 Geo. 4, c. 30, s. 4. The

Law

damage need not be complete (/) Malicious {g)

Damage

Ihid., ss. 16, 17.

(A) Ihid., s. 19.

(0 Ihid.,

ss. 20, 21. Ibid., s. 23. (0 Ibid., s. 24. (m) Ibid., s. 51. (?^) Ibid., s. 52. {k)

or permanent {R. v. Fisher (1865), Act, 1861 (24 & 25 Vict. c. 97), s. 15.

1

C. C.

E.

7).