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Tenant, not having estate for life or 11 years at the time of request, shall deduct out of his rent the said expence, first proving it on oath at sessions.
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III. And whereas the tenant or occupier of such lands, who shall be obliged by this act to ditch and fence as aforesaid, or pay for the same, may be only tenant at will or sufferance, or have a very short term in the said lands, so held by him or her: be it further enacted by the authority aforesaid, That every person or persons compellable by this act to ditch and fence as aforesaid, or to pay for the same, who shall not have an estate for life or eleven years in his, her, or their lands, to be fenced and ditched between as aforesaid, at the time the proprietor or tenant of the neighbouring lands shall request him or her to ditch or fence as aforesaid, that then and in such case such tenant shall be and is hereby impowered to deduct out of the rent due to his, her, or their landlord or lessor what he, she, or they shall so lay out, expend or pay, and such landlord or lessor shall and is hereby required to allow the same; such tenant or tenants first proving on oath before the justices of the peace of the county, where such lands lie, at their general quarter-sessions (which oath such justices are hereby impowered to administer) what he, she, or they so laid out, expended, or paid.
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