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| You are here: BAILII >> Databases >> Northern Irish Legislation >> LANDLORD AND TENANT LAW AMENDMENT ACT (IRELAND) 1860 | ||
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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.
© 1860 Crown Copyright
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