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No.XXVIII. subjoined, as also a copy of the names and designations of witnesses and
Geo. IV. havers, and a statement of other means of proof (as the case may be). c. 36.
A. B. Officer. At the day of
one thousand eight hundred and
years, the which day the Sheriff for the county of
found and hereby finds the within designed
defender, liable to the also within designed pursuer, in the sum of
of expenses, d ecerned and ordained, and hereby decerns and ordains instant execution by arrestment, and also execution to pass hereon by poinding and imprisonment after
J. P. Sheriff Clerk.
N. B. After the name of each pursuer and defender, let the letter P.
or A. be added, in order to mark whether the party was present or absent when the cause was called; let expences be also entered under the head of interlocutors.
(No. XXVIII.] 7 George IV. c. 36.–An Act to regulate
the Service of the Process of the several Courts for the
HEREAS it is expedient to make regulations for the service of
process issued on civil bills under and by virtue of an Act made in 36 G. 111. (1.) the Parliament of Ireland in the thirty-sixth year of the reign of His late
Majesty King George the Third, for the better and more convenient administration of justice, and for the recovery of small detits in a summary way at the sessions of the peace in the several counties in Ireland, and of the several Acus in force in Ireland for the ainending of the said Act; 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 Assistant Bar. authority of the same, That at the several sessions of the peace in and risters to ap for the several counties in Ireland which shall be holden in the month of point Officers October next after the passing of this Act, each and every of the assistant to serve civil
barristers appointed, under the authority of the said recited Act (or of any Bill Processes Act for amending the same), to be assistants to the Justices at every such in the several
sessions, shall, by warrant or warrants under the hand and seal of each Counties.
such assistant barrister respectively, nominate and appoint such number of fit and proper persons, being householders, residing in the principal market towns within the said counties, to be officers for the service of civil bill processes within such county or division thereof as shall be specified and set forth in any such warrant respectively; and it shall be lawful for each and every such officer so nominated and appointed, and he and they is and are hereby authorized and required, to serve such
process accordingly, within such county or division thereof as aforesaid ; No.XXVIII. and from and after the appointment of any such officers respectively, it 7 Geo. IV. shall not be lawful for any person whomsoever, other than one of such
C. 36. officers as shall be appointed and authorized under the authority and according to the directions of this Act, to serve any such process; and that any service or pretended service of any process by any person or
After such Apo persons not appointed and authorized under ihis Act, shall be wholly null other Persons
pointments no and void to all intents and purposes whatsoever, any Act or Acts of shall serve any Parliament, or any law usage or custom to the contrary in anywise not- such Process. withstanding.
Service by un
authorized Persons declared void. II. And be it further enacted, that the names and places of abode of Names and each and every officer who shall be appointed by any such assistant Places of barrister to serve such process as aforesaid, shall be from time to time abode of Offipublished in some one or more public newspaper or newspapers circulated cers shall be in the
county, and shall be otherwise promulgated and made known in published in such manner and at such times as to such assistant barrister shall seem
papers. fitting and expedient.
III. And be it further enacted, That every officer who shall be ap- Annual Salary pointed by any assistant barrister for the serving of process shall be to ufficers to entitled to and shall receive a salary of ten pounds a year, to be paid be paid by Colquarterly, upon a certificate signed by such assistant barrister, specifying lector of Ex the amount of such payment, and stating that such officer has duly per- cise, on Certiformed the duty of his office to the satisfaction of the magistrates and
sistant Barof such assistant barrister during the preceding quarter, or during such rister. period thereof as such person shall have so served ; and upon the production of such certificate to the collector of excise for any district within which the sessions shall be holden, or within which such officer shall reside, it shall be lawful for such collector of excise to pay to such officer the amount of the payment mentioned in such certificate, and all monies so paid shall be allowed to the collector of excise in his account, upon production of such certificate, endorsed by the officer to whom such money shall be payable.
IV. And be it further enacted, That it shall be lawful for any officer Oficers may
Service of served by him.
Process. V. And be it further enacted, That each and every officer who shall Officers may be appointed under the authority of this Act for the service of process he removed, shall be removable, and shall and may be removed, at the will and and others appleasure of the assistant barrister of the county for the time being, and pointed, whose that any other person or persons may be appointed by such assistant barrister, or with his consent, in mavner directed by this Act, in the room
be published, of any officer so removed ; and the names of each and every person so removed, as also the names and places of abode of each and every person appointed in the room and stead of any officer so removed, shall be published in like manner as by this Act is required with respect to the original appointment of any such officer respectively.
VI. And be it further enacted, That a book or books shall be kept by Book to be every officer who shall be appointed under this Act for the service of kept by Offi. process, in such form as sha!l be directed or approved by the assistant cers for enterbarrister, in which shall be entered the names of the plaintiff and defendant ing Particulars by or against whom any process shall be issued, the cause of action, the of Service of nature of such process, the day on which such process shall be received Process, to be served, the day on which such process shall be served or executed, the place where, and the nanie and description of the person on or with whom such process shall be served or left; and in case any such process shall not have been duly served or left, then the cause of such service not having taken place shall be stated; and each and every officer so appointed by any assistant barrister for the service of such process shall
e] of e 1
No. XXIX. attend, and produce such book to the assistant barrister, at each and 7 Geo. IV. every sessions of the peace, or shall cause such book to be produced c. 41.
to such barrister, in case the personal attendance of such officer shall be dispensed with by such barrister, upon a sufficient excuse for nonattendance.
( No. XXIX.) 7 George IV. c. 41.-An Act to amend the
Laws for the Recovery of Small Debts, and the Proceedings for that Purpose, in the Manor Courts in Ire
land.-[26th May 1826.] WHEREAS an Act was passed in the Parliament of Ireland, in the
Twenty-fifth Year of the Reign of His late Majesty King George 25 G. JII. (1.) the Third, intituled An Act for the more speedy and easy Recovery of Small
Debts in the Manor Courts within this Kingdom, and for regulating the Costs
of Proceedings for that Purpose therein; and whereas an Act was passed 27 G. III. (1.) in the Parliament of Ireland, in the twenty-seventh year of His said
late Majesty's reign, to render more effectual the said recited Act of the twenty-fifth year aforesaid; and it is expedient that the provisions of the said Acts should be amended, and the benefit thereof extended; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Teinporal, and Commons, in this present Parliament assembled, and by the authority of the
same, That so much of the said recited Acts, or either of them, as exSo much of cepis the manor courts in the county of Dublin, or in the county of the recited Acts as city of Dublin, from the operation of the said Acts or either of them, excepts the shall be and is hereby repcaled; and that from and after the passing of Manor Courts this Act the said recited Acts, and all the provisions therein contained, as of Dublin the same are amended or enlarged by this Act, shall extend and apply, County and
and shall be construed to extend and shall be applied, to all manor courts City from their within Ireland, and to the recovery of all sunis of money to the amount operation, re- mentioned in the said recited Act of the twenty-fifth year of his late pealed; and the Acts ex
Majesty, and to any amount whatever within the sums to which the tended to all
jurisdiction of such manor courts may be respectively limited, by the Manor Courts grants or charters or other authority under which the said respective in Ireland, to courts may be held, where the cause of action shall arise within the the Amount of jurisdiction of such courts respectively, although such sums shall extheir several ceed the several sums in the cases respectively mentioned in the said Jurisdictious. recited Act. Appeal from II. And be it further enacted, That it shall and may be lawful for any Decrees of person or persons who shall think himself or themselves aggrieved by Manor Courts any decree of any seneschal or steward of any manor court within the in Dublin,
county or county of the city of Dublin, to appeal from such decree to the may be made Chief Justice of His Majesty's Courts of King's Bench or Common to Judges at
Pleas, or to the Chief Baron of His Majesty's Court of Exchequer in Nisi Prius for Ireland, or to any other Justice of Nisi Prius in the said Courts
, at their Dublin, after Easter and
respective sittings at Nisi Prius for the city of Dublin, after the Easter Michaelmas or Michaelmas Term next following the pronouncing of such decree, in Terms. the same manner as any parties aggrieved are empowered and directed
to do in any cases of civil bills; and the said Chief Justices and Chief Baron, or other Justices of Nisi Prius for the said city, are hereby empowered and required at the said sittings, which for this purpose they may hold in their respective courts, or in any other convenient place in the said city or liberties thereof, and may continue by adjournnients as to them shall seem expeclient, to hear and determine the said appeals, in the same manner as they are empowered and directed to do in any cases of civil bills, and to issue a decree and execution thereon in like manner as decrees and executions may be awarded and issued by the next going Judges of Assize, under the said recited Act of the Twenty-fifth year of King George the Second; and every such seneschal or steward is hereby required to stop further proceedings on every such decree, in like manner and upon the like conditions as by the said recited' Act is
in the Geory
of them, Lined, as
directed and prescribed in any cases of appeal to the next going Judge of No. XXIX.
7 Geo. IV.
issuing and process, in the name of such seneschal or sleward, to the person or serving SunPro
persons complained against, requiring such person or persons to appear mons, &c. to Ire
at the next court to be holden by such seneschal or steward within such attend Manor
for the appearance of such person or persons, by the delivery of such passa
summons to such person or persons, or by leaving such summons at the
mons shall not be served or left as aforesaid on some day not less than cons of
three days before such days of appearance, the same shall be and become
IV. And be it further enacted, That the goods or chattels of any de- Goods seized
fendant which shall or may be seized or taken under any attachment issuing under Attachof the
out of any manor court in Ireland, shall not be sold or exposed to sale, ment shall not
but shall remain in custody of the inarshal or other officer, until after the be sold before of the
court day next succeeding the court day at which any defendant to whom ensuing Court
aforesaid; and that the goods and chattels of any defendant shall not be by Defendant. ssing of
sold under any attachment in any case where the defendant shall appcar,
according to ihe exigency of such summons, and shall put in sufficient d apply, or courts
bail for his future appearance, and for abiding the decision of the court
on the matter in question. - amount f his late
V. And be it further enacted, That whenever the sum sued for, or for Where sum hich the
which a verdict or decree shall be made or given in any manor court, sued for or re
shall not exceed the sum of forty shillings, it shall be lawful for the covered does d, by the
seneschal or steward of such court to withhold any costs or any part not exceed 40s. "espective
thereof froni the plaintiff in such action, and not to issue any execution Costs may be ithin the
on the verdict for the costs allowed by the said recited Act of the withholden;
twenty-fifth year of King George the Second, or to issue execution only the said
for such part or proportion of such costs as to such seneschal or steward
case; and that in all such cases when the sum sued for, or for which a
aforesaid, it shall and may be lawful for any seneschal or steward of such may stay the Tee to the
court, being a barrister of at least three years' standing, to stay the issuing of the Common
issuing of the decree for any space of time not more than three calendar Decree for hequer in
months, provided the defendant shall undertake to pay the amount of the three months,
sums so decreed, with the costs, by such weekly or monthly instalments, if the Defendthe Easta
or in such proportions as the said seneschal or steward, upon a careful ant will underdecree, in
and examination into the circumstances of the defendant and take to pay the in directed his ability to pay, shall direct ; and the said decree shall be stayed Instalments. and Chief
accordingly, until default be made by the defendant, in the payment of ereby em
some one instalment, and shall then only issue for the balance dne on the
foot of such decree, with such costs as the said seneschal or steward at place in
VI. And be it further enacted, That every seneschal or steward of any Seneschals manor in Ireland, not being a barrister of at least three years' standing, shall enter
who shall hold such office of seneschal or steward at the time of the into Recoglike man
passing of this Act, shall before the expiration of six calendar months nizances for | the next next after the passing of this Act, and every seneschal or steward of any
Performance manor in Ireland, who shall be appointed at any time after the passing and to answer
of their Duty, steward is
of this Act, not being such barrister as aforesaid, shall within three for Damages
calendar months next after any such appointment shall take place, for miscouod Act is
respectively enter into and give security by recognizance, with two good duct.
ul for any
ts, at their
ippeals, in any cases
ree, in like
No. XXX. and sufficient sureties, before the Justices of the Peace and assistant 7 Geo. IV. barrister, at some Quarter Session or General Session of the Peace, or c. 61.
some adjournment thereof, in the county, county of a city or town in which the manor shall be situate, or before the Judges or Justices of Oyer and Terminer and General Gaol Delivery, to be holden in and for such county, county of a city, or county of a town, or before the Chairman of the Sessions of the Peace for the county of Dublin, where any such manor shall be situate in the county of Dublin, or before the Recorder of the city of Dublin, where any such manor shall be situate within the county of the city of Dublin, in such sum and sums respectively as to such assistant barrister, or Justices of Oyer and Terminer, or Chairman of the Sessions of the county of Dublin, or Recorder of Dublin, shall think sufficient, conditioned for the true and faithful performance of the duties of the office of such seneschal or steward, and to pay and satisfy any damages which may be given against him in any action for neglect or misconduct, or breach of duty in his office; and if any such seneschal or steward of
any manor, not being such barrister as aforesaid, shall omit or neglect to Penalty. enter into such recognizance as aforesaid, within the times aforesaid, he
shall forfeit the sum of five hundred pounds to His Majesty, bis heirs, and successors, to be recovered by action of debt in any of His Majesty's Courts of Record in Dublin, in which no essoign protection or wager of law, nor more than one imparlance shall be allowed.
[No. XXX.] 7th George IV. c. 61.–An Act for the more
effectual Administration of Justice in Cities, Towns Cor-
to act within several of the counties of cities, counties of towns, and separate and local jurisdictions other than countics at large in Ireland, is in some cases extremely limited, and the only persons so empowered to act are in many cases, from age and infirmity, incapacitated for active performance of duty: And whereas it would lead to the more effectual administration of thie law, and to the prevention of crime, if the number of Justices of the Peace were in such cases to be increased : Now be it 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 pre
sent Parliament assembled, and by the authority of the saine, Thai in Lord Lieu. every case in which it shall be made appear to the Lord Lieutenant, Lords tepant, &c.
Justices, or other chief governor or governors, and Privy Council of may appoint Irelund, that the number of Justices authorized to act within such local additionel
jurisdiction respectively, is insufficient for the due administration of the Justices of the law, and for the holding Petty Sessions therein, it shall be lawful for the Peace in local Lord Lieutenant, Lords Justices, or other chief governor or governors of Jurisdictions.
Ireland, with the advice and asscnt of the Privy Council, to order and direct that one or more aciditional Justices shall be appointed within such local jurisdiction, as the circumstances of the case may appear to them to requirc; and thereupon the Lord Chancellor, Lords Commissioners, or other Keeper or Keepers of the Great Seal of that part of the United King: dom of Great Britain and Ireland, called Ireland for the time being, and he and they are hereby empowered, by Commission under the Great Seal, 10 appoint such person or persons as he or they shall think fit, not being more in number ihan those specified in such order of the Lord Lieutenant, Lords Justices, or other chief governor or governors, and council as aforesaid, to be Justices of the Peace and Quorum during His Majesty's pleasure, in and throughout the said local jurisdictions respectively ; which persons so appointed shall and may have the same power and authority to act and to othciate to all intents and purposes, and to execute the duties of Justices of the Peace and Quorum, within the said local jurisdictions respectively, by virtue of such comission or commissions, as any other Justices of the Peace, by charter or otherwise, are or shall be authorized