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appointed or empowered to act or officiate within the said local jurisdictions No. XXXI. respectively.
7 & 8 G. IV. II. Provided always, That such Justices of the Peace and Quorum so
c. 59. appointed shall not, by reason of such appointment, possess or exercise any power or authority within the corporation of the saint local jurisdictions
Such Justices respectively, or acquire thereby any corporate rank power and authority,
not to acquire of what kind or nature soever ; provided also, that no Justices shall be
corporate appointed under this Act in any city in which a Police Court shall have Rank Power been established under an Act of Parliainent.
[XXXI.) 7th & 8th George IV. c. 59.-An Act for further
amending the Laws for the Recovery of small Debts, and
Ireland.-[2d July 1827.)
tituled An Act to amend the Laws for the Recovery of Small Debts, 7 George IV. and the Proceedings for that purpose in the Manor Courts of Ireland, and it
c. 41. is expedient that the said Act should be anıended and rendered more effectual: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in all cases where the sum songht to be recovered under Where the the said Act shall exceed ten pounds, and shall not exceed the sum of one Debt exceeds hundred pounds, the suminons or process which shall be issued in the 101. but does name of the steward or seneschal of the manor court, to the person or not exceed persons complained against, shall be served upon such person or persons 1001. the Sumupon some day not less than seven days before the day appointed for the mons shall be appearance of such person or persons; and that in all cases where the sun served Seven sought to be recovered shall exceed one hundred pounds, every such sum
the Day of Apmons or process shall be served upon the person or persons coniplained against, upon some day not less than fourteen days before the day ap- Fourteen Days
pearauce, and pointed for the appearance of such person or persons; and that in either if the Debt of such cases any person or persons so complained against, shall and may exceeds 1001. be required by such sumiinons to appear at any court to he holden by such
Appearance. seneschal or steward within such manor on any such day, to be named in such summons, as shall be at a sufficient distance fro: the date of such summons as to allow for such service; and every such summions shall be
Service of served by the deliverer of such summons to the person or persons sum
Summons. moned, or by leaving such summons at the usual place of abode of such person or persons; and if any such summons shall not in the several cases be served according to the directions of this Act, the same shall be and become null and void to all intents and purposes.
II. And be it further enacted, That in all cases where the sum sed Where Sum for, or for which a verdict shall be given in any manor court, shall not recovered exceed the sum of forty snillings, it shall and may be lawful for the court shall not ex. and jury to examine the plaintiff ' and defendant, or either of them, upon
ceed 40s. Jury oath, if they shall think proper so to do; and it shall also be lawful for may examine the jury in and by their verdict to direct that payment of the sum for and apportion which their verdict shall be given shall be made by the defendant with or the Paymeut without the costs, by such weekly or monthly instalments, or in such by lusialproportions, and within such time, not exceeding three calendar months, meuts. as such jury shall think fitting and convenient; and in such cases it shall be lawful for the seneschal or steward of any such court to stay the issuing of the decree for any space of time not more than three calendar munths, provided the defendant shall undertake to pay the amount of the suin for which such verdict shall be given, with the costs (if any), by such instalments or in such proportions as shall be directed by the verdict of such jury; and such decree shall be stayed accordingly, until default be made by the defendant in the payment of some one instalment, and shall then only issue for the balance due, with such costs as such seneschal or steward shall think titring,
No. XXXI. III. And whereas by an Act made in the Parliament of Ireland, in the 7 & 8 G. IV. twenty-fifth year of the reign of His late Majesty King George the Third,
for the more speedy and easy recovery of small debts in the manor courts
in Ireland, it is among other things enacted, that the seneschal or steward Execution
of any such court shall issue execution on verdicts and decrees in such may be issued courts returnable on the next court day; and that no renewal of any on Verdict, execution shall be granted in any case where an execution shall be returnable on obtained, and not executed, unless it shall first appear to such seneschal zu any Court Day, or steward, on oath, that the party applying for such renewal had really and may be and truly used legal and necessary diligence in order to have such fyrmer renewed if requisite.
execution executed: Be it enacted, That from and after the passing of this Act it shall be lawful for the seneschal or steward of any such court to issue execution on any verdict or decree, returnable at any court day after the verdict or decree given or made; and also to issue or grant any renewal of any execution, in any case where such renewal shall appear to such seneschal or steward to be requisite for obtaining justice to the
party on whose behalf such renewal shall be applied for. Trial may be IV. And be it further enacted, That it shall and may be lawful for the deferred.
seneschal or steward of any manor court, upon application of either of the parties in any action, to postpone or defer the trial of the cause until the
next or any subsequent court day after such application shall be made, if Trials in Cases he shall think fit in his discretion so to do; and that in all cases where 2 above 101,
the sum sued for shall exceed ten pounds the trial shall not take place a until the court day next after the court day appointed for the appearance wk
of the defendant upon the original summons in such action. Fees to Re- V. And be it further enacted, That from and after the passing of this gistrar on Act the several fees and sums following shall and may be paid by and Summons ;
taken from any person suing or being sued in any manor court in Ireland having jurisdiction to hold places to the amount of thirty pounds or upwards, in addition to the fees specified in the said recited Act of the twenty-fifth year of His late Majesty; that is to say, to the registrar of any manor court, where such othcer is created by the charter of such manors respectively, on the taking out of any summons, where the sum in demand shall not exceed ten pounds, the sum of one shilling; where such sum shall exceed ten pounds and shall not exceed one hundred pounds, the sum of two shillings; and where such sum shall exceed one
hundred pounds, the sun of three shillings, and no more. To the and to Steward seneschal or steward of any manor court, upon the making of any decree, on Decree.
where the sum recovered shall not exceed ten pounds, the sum of two shillings; where such sum shall exceed ten pounds and shall not exceed one hundred pounds, the sum of three shillings; and where such sum
shall exceed one hundred pounds, the sum of four shillings, and no Manor Courts VI. Provided always, and be it further enacted, That in cases where having unli. the jurisdiction of any manor court or courts, with respect to the recovery mited Juris
of any sum or sums of money, shall not be limited to any specific amount diction as to
by the grants or charters or other authority under which any such court proceed in
or courts may be respectively held, it sbali and may be lawful for such Cases exceed
court or courts, and for the seneschal steward and registrar of any such ing 101. as
court or courts, to proceed for the recovery of any sum or sums of inoney under their exceeding ten pounds, in such manner and method, and by such process, ancient Juris- as such court, or the seneschal or steward or registrar and other officers diction. of such court, might have done at any time before the passing of the said
recited Act of the last Session of Parliament; and in such case it shall be lawful for the seneschal or steward and for the registrar of such court to receive and take such fees as were lawfully payable under such grants or charters, or otherwise, at any time, before the passing of the said Act;
any thing in the said Act to the contrary in anywise notwithstanding. Weekly Pay
VII. And be it further enacted, That in aïl cases where any person ments, not
shall be confined or detained in any prison at the suit of any exceeding 2s. 6d., to be creditors in any manor court for any debt less than the sum of ten paid to Debtors pounds, it shall be lawful for the seneschal or steward of such court, on in Custody for the application of such debtor, in case such seneschal or steward shall
Vor less than 101,
think right under the circumstances of the case so to do, to order that No. XXXII. the creditor or creditors at whose suit such debtor shall be confined or
9 Geo. IV. imprisoned shall pay to such debtor such sum or sums, not exceeding the rate of two shillings and sixpence by the week in the whole, at such times and in such manner as such seneschal or steward shall direct; and that on failure of payment thereof, as directed by such seneschal or steward, such debtor shall be forthwith discharged from custody at the suit of the creditor or creditors failing to pay the same.
(No. XXXII. ] 9 George IV. c. 43.-An Act for the better
Regulation of Divisions in the several Counties of
England and Wales.-[15th July 1828.]
ters and things, in the same respectively mentioned, shall be transacted and determined within the divisions or limits within which the same i shall arise, or the parties therein concerned inhabit or exercise their trade i or calling, and by or before one two or more justices of the peace dwelling
within or near to, or usually acting within, such divisions or limits resa pectively: And whereas the boundaries of such divisions or limits are in. some instances uncertain, and in many have become inconvenient to the
inhabitants within the same, from the change or increase of trade or popus lation, or from other causes : And whereas doubts have arisen as to ihe [ authority by which such divisions or limits may from time to time be con
stituted defined or altered; and it is expedient that such doubts should
to the clerk of the peace a statement in writing, ment of the
II. And be it further enacted, That at the quarter sessions next follow- Statement to ing the receipt of every such statement, setting forth such particulars as be laid before are above enumerated, and not otherwise, the clerk of the peace shall and the Justices at he is hereby required to lay the same before such justices of the peace in the next Quarsuch sessions assembled ; and the justices of the peace for such county ter Sessions, riding or division, having such separate commission of the peace, shall who are to. and they are hereby required (except in the cases herein-after provided adopt or reject
the same, for) to proceed, at the quarter sessions next following the laying of such statement before them as aforesaid, to the consideration thereot, and at their discretion to adopt the same wholly or in part, or to reject the same Vol. IV,
No. XXXII. altogether, or to adjourn their determination thereupon to the next or any 9 Geo. IV. succeeding quarter sessions.
III. And be it further enacted, That immediately after the quarter ses.
sions at which such statement shall have been first laid before the justices Clerk of the
of the peace, the clerk of the peace shall cause to be published a copy of Peace to ad
such statement in three successive numbers of one or more weekly newsvertise State. papers usually published or circulated within the same county riding or ment and division, and in which the advertisements of county business are usually other Parti- inserted; and at the foot of such copy shall also cause notice to be given culars in the that such statement has been laid before such justices in pursuance Newspapers. of the directions of this Act, and that the same will be taken into con
sideration by the court at the then next ensuing quarter sessions. If Justices IV, And be it further enacted, That when and so often as the justices approve, an of the peace of any such county riding or division, having a separate comOrder to be
mission of the peace, shall adopt wholly or in part any such statement so made for con- laid before them, and shall determine to change any parish, tithing, townstituting a new Division,
ship, or place, from one division to another, or to constitute any new diand the Clerk vision, within which special sessions shall thenceforward be holden, the of the Peace
said justices of the peace shall thereupon make an order for such alterato publish the tion, or for the constituting and defining such new division, and in such
last-mentioned order shall particularly enumerate the several parishes, tithings, townships, and places to be comprised within such new division, and shall also specify the division or divisions within which respectively any parishes, tithings, townships, and places, disannexed by such order from any former division, and not forming part of such new division, shall thenceforward be taken to be, and also shall affix to such new division the name of some principal and convenient parish township or place within the same, and also shall, in either of such orders, as the case may be, particularly set down the day from which such order shall take effect; and the clerk of the peace for such county riding or division, shall forthwith publish a copy of such order in three successive numbers of one or more such weekly newspapers as aforesaid, and shall transmit a copy of such order to every higli constable within the limits of such new or altered di
vision or divisions. No new Divi- V. Provided always, and be it further enacted, That nothing in this Act sion to be con- shall be taken to authorize, and that it shall not be lawful for any justices stituted unless in any court of quarter sessions to make any order constituting such new Five Justices division, unless upon due proof before them made in open court upon oath at least shall that for two years next hefore the making of such proof there have been, be proverd to and at the time of making the same there are, at the least, five justices of be resident
the peace residing in or usually acting within the boundary line proposed thereiu.
to be the limits of any such new division. New Divisions VI. And be it furiher enacted, That from and after the day so specified to be deemed in such order, for the term of lwenty-one years, and until further order of lawful Divi- sessions after the expiration of that time, and subject to no alteration or sious for bold- revision during such term, except as herein-after provided, all matters and ing Special or things which by law are now or hereafter may be required to be, or which Petty Sessions,
now are usually transacted or determined within the division within or other Meetings of
which the same shall have arisen, or the parties therein concerned inhabit Justices.
or exercise their trade or calling, and by or before one two or more justices of the peace dwelling or usually acting within the same, shall be transacted and determined, so far as the same matters and things arise wiibin or concern the inhabitants of such new or altered division, or any of them, or the persons exercising their trade or calling therein, within the boundaries of such new or altered division; and such new or altered division shall thenceforward be, and be reputed and taken to be, for all purposes, and in the construction of all statutes now in force or hereafter to be made, and containing no special provision to the contrary, a lawful division for the holding of special sessions; and all bailiffs, constables, tithingmen, surveyors, overseers of the poor, and other officers, publicans, keepers of taverns, coffee houses, and victualling houses, and other persuns, shall and they are hereby thenceforward required to give their at
tendance to and upon such justices of the peace at any time assembled in No. XXXII. such special sessions, within the same division, as fully and effectually as 9 Geo. IV, by law they had been bound to do within any division reputed or taken before the passing of this Act to be a lawful and accustomed division of justices for the purposes aforesaid.
VII. Provided always, and be it further enacted, That at the quarter. Justices at sessions next after the laying of any such statement before the justices in Sessions to such sessions assembled, it shall and may be lawful for such justices, if cause Inquiry
into the Extent they shall deem it expedient and proper, not to proceed to the single consideration of such statement, but instead thereof to cause to be made an
of Divisions, inquiry and examination into the boundary lines extent and other local and alter the circumstances of all the existing and accustomed divisions for the holding Names of special sessions within the commission of such justices; and at such thereto. or any succeeding quarter sessions, to which the conclusion of such inquiry and examination may from time to time be adjourned, by order of sessions, to regulale, alter, new model, and subdivide all or any of such divisions, in such manner as shall appear to them proper and convenient, particularly specifying in such order the names of all such divisions, whether newly constituted altered or unaltered, the several parishes, tithings, townships, and places to be comprised in each, and affixing or continuing to each the name of some principal and convenient parish township or place within the same.
VIII. And be it further enacted, That the clerk of the peace for any Clerk of the county riding or division in which such order shall have been made as last Peace to pubaforesaid, shall forthwith publish a copy of the same in three successive lish a Copy of numbers of one or more such weekly newspapers as aforesaid, and shall such Order. also forthwith transmit, by the post, a copy of the same to the churchwardens and overseers of the poor of each parish within the said county riding or division, to be by them affixed on the principal door of the church of such parish; and at the foot of every such copy so published or transmitted shall add a notice specifying at what time such order will be enrolled as herein-after provided, and at what time and in what manner any person or persons, or body corporale, aggrieved by such order, may petition against the same, or any part thereof, as herein-after provided.
IX. And be it further enacted, That in every such order, some time Order to spe. not earlier than the fourth quarter sessions next after the making thereof, cify a Time shall be provisionally specitied, on which the same shall be enrolled as when it shall herein-after provided, subject to such alteration as may thereafter be made be enrolled. either in the particulars of the said order, or in the tinie of its enrolment; and that at any court of quarter sessions preceding such time, it shall and Parties allow, may be lawful for any one or more person or persons, or body corporate, ed to petition jointly or severally, to present a petition in writing io such court against against such all or any part of such order, and to produce witnesses in support of such Order. petition; and the justices at such court assembled shall and they are hereby required to hear and determine, in a summary way, the merits of such petition, and to amend such order so far as may, upon such hearing, appear proper and convenient: Provides always, that no such petition shall be received or examined into, unless atier due proof that a notice in writing, specifying the grounds thereof, which upon the hearing shall alone be inquired into, hath been served ten clear days before the commencement of such sessions, upon one of the overseers of the poor, or the tithingman or constable, or two substantial housekeepers of the parish, tithing, township, or place respectively, as the case may be, wherein such petitioner or petitioners shall be resident at the time of presenting such petition, and also lodged, twenty clear days before such commencement, at the office of the clerk of the peace, who shall and he is hereby reyuired forthwith to transmit a copy thereof to each of the justices usually acting within or for the district or places or place named in such notice.
X. And be it further enacted, That so soon as all such petitions against Order to he enrolled as soon as Petitions against the same have been determined, and shall not be subject to Alteration for Ten Years.