Municipal Corporations Act, 1761

Original lessees answerable for under tenants;

on suit next assizes or sessions, like remedy to immediate lessees against under tenants, on suit next assizes or sessions after,

or at 2d assises, &c. after the burning, if original lessor sues not, or, if so near that process not served in time, at assises, &c. following.

>III. (a ) And whereas by the said last recited act, (b ) the original lessors, where the soil or surface is burned or permitted to be burned by the occupiers of the land, and not by the original lessees, have found great difficulties in suing for and recovering the penalty given by the said act: be it enacted by the authority aforesaid, That in all cases whatsoever, whether the soil or surface shall be burned or permitted to be burned by the original lessee or lessees, or by the occupier or occupiers of such land, and where the original lessor is not consenting to such burning, that the original lessor shall be intitled to recover the penalty given by the said act from his immediate lessee or lessees, who shall be answerable for the acts of his or their under-tenants, and for the acts of the occupiers of such land: provided such original lessor or lessors shall commence his or their suit for the recovery of the said penalty at such next assizes or quarter-sessions, as in the said act is expressed: and such immediate lessee or lessees shall and may have the like remedy over against his under-tenants or the occupiers of such land, so offending, and shall and may recover against them, or any of them so offending: provided that such suit be commenced at the next assizes or quarter sessions, after such original lessor shall have so obtained a decree against such his immediate lessee or lessees: and in case the original lessor shall not sue for the said penalty at the next assizes or quarter sessions as mentioned in the said act, then it shall and may be lawful for the immediate lessor or lessors of the occupiers of the land, who shall burn, or permit to be burned the soil or surface of any land, to sue for and recover from such occupier or occupiers the said penalty: provided such suit be commenced at the second assizes or quarter sessions, after the said land shall be so, burned, and that the said assizes or quarter sessions shall not be so near, that a process cannot be served time enough for that purpose; and in such cases the suit shall be commenced at the next immediate assizes or sessions following.

[(a)Sections 2—5 of this Act, so far as they refer to the relation of landlord and tenant, but not otherwise, are repealed by 23 & 24 Vict. c. 154. s. 104. Section 2 is repealed absolutely by the Stat. Law Rev. (I.) Act, 1879.]

[(b)23 Geo. 2. c. 8. (I.) The omitted section (2) of this act continues the recited Act in part.]