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Turbary and other profits, easements, and privileges.
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9.—(1) Where on an application to fix the fair rent for a holding it is proved to the court that the tenant of the holding by virtue of his tenancy has by the permission of the landlord been accustomed to exercise any privilege over land belonging to the landlord, the withholding of which privilege would materially diminish the value of the holding to the tenant, the landlord shall be required to elect whether he will or will not allow the tenant to exercise as of right during the statutory term, under the same restrictions and conditions as theretofore, or such other restrictions and conditions as may be agreed on by the landlord and tenant, that which he previously exercised by permission, and if the landlord consents to so allow, such exercise shall be secured to the tenant by the order fixing the fair rent, and if the landlord refuses to so allow the fair rent shall be fixed having regard to such refusal.
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(2) Where an order securing the exercise of any such privilege is so made, the court, during the continuance of the statutory term, may, upon the application of the landlord or of any other tenant exercising the like privilege, restrain the tenant from exercising the privilege in any manner other than that authorised by the order or by any reasonable regulations of the landlord made in pursuance of the order. Provided that the court may remit the application for hearing to any sub-commission, which at the time the same is made is actually sitting or is about to sit in the district in which the holding is situate, which sub-commission shall have all the powers of the court to hear and determine the matter of the application and make an order thereon.
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