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LAND LAW (IRELAND) ACT 1881 - SECT 17

Provision as to certain claims of pasturage and turbary.

17. Where the tenant of a holding by virtue of his tenancy exercises, in
common with other persons, over uninclosed land a right of pasturing or
turning out cattle or other animals, or exercises a right of cutting and
taking turf in common with other persons (which other persons, together with
the tenant, are in this section referred to as commoners), then if such
holding becomes subject to a statutory term the court may, during the
continuance of such term, on the application of the landlord, or of any
commoner, by order restrain the tenant from exercising his right of pasture or
cutting or taking turf in any manner other than that in which it may be proved
to the court that he is, under the circumstances and according to the ordinary
usage which has prevailed with the express or implied consent of the landlord
amongst the commoners, reasonably entitled to exercise the same.

© 1881 Crown Copyright

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