Timber Act 1765

Immediate inheritor, &c. may during last year save one, where term certain, and in six months after expiration where uncertain, petition at sessions, set forth title and intention, on 21 days notice to tenant, & security to pay value adjudged, property of the trees vested in petitioner,

the value above selling, &c. ascertained by jury the same or ensuing session,

and with the recognisance certified into chancery,

execution as usual on recognisance before a master,

on default of security tenant’s property.

V. Provided always, and be it further enacted by the authority aforesaid, That if any person intitled to the reversion and inheritance of the lands mediately or immediately shall be inclined to purchase such trees, such person shall be at liberty during the last year save one of the term, where the expiration is certain, and within six calendar months after the expiration of a term for life or on any uncertain contingency, to apply by petition to the justices of the peace of the county at their quarter session, and set forth their title and intention, giving the tenant twenty one days notice, and upon entering into a recognizance with sufficient securities, conditioned to pay such tenant such sums as shall be adjudged to be the value of the said trees, according to the rules of this act, the property of the trees shall from the time of such notice vest in the petitioner; and the justices shall at the same or ensuing session by a jury of freeholders of the county ascertain the value of the said trees when selled over and above the expence of selling, and the needful compensation to be made as aforesaid, if any such be; which with the record of such judgment and recognizance shall be by the justices at the instance of the party interested certified into the court of chancery; and execution shall issue thereupon as usual on recognizances taken before a master of that court: but if such petitioner shall fail to give such security at such session according to such notice, the property of such trees shall remain in the tenant.