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Id. for every

such rate so continually posted, or who shall charge any greater sum or No. XXVI. rate for the sustenance of any such cattle, than the rate

or sum fixed by 6 Geo. IV. such magistrales as aforesaid, shall forfeit and pay any sum not exceeding

C. 43. five pounds for each and every month that he shall so act as pound keeper without having such rate affixed as aforesaid.

V. And be it further enacted, That from and after the passing of this Charges of Act, it shall and may be lawful for the keeper of each and every pound in Pound Ireland legally constituted, to demand and receive as pound fees, for the Keepers : cattle of the several descriptions which shall be impounded therein, the several and respective sums following, and no more; any thing in the said recited Act of ihe tenth year of the reign of King Charles the first, or any other Act or Acts, or any law or custom to the contrary in anywise notwithstanding; that is to say, For the first or only horse mule or ass, and for the first for the first or only horned beast, commonly called black cattle, the sum Horse,&c.5d.; of five-pence, and the further sum of two-pence for each and every

and 2d. for additional beast of the kind impounded at the same time for the same every other. distress; and for any one or more, not exceeding four in number, of sheep, For Sheep,&c. lambs, goats, or swine, which shall be so impounded, the sum of four- not exceediog pence, and the further sum of one penny each for every additional animal four; 4d., and of tbe like kind, beyond four, impounded at the same time, or for the same distress.

one additional VI. And be it further enacted, That the several sums so by this Act What Rates to authorized to be demanded and taken by any such pound keeper, shall be taken by be taken and deemed to be in full satisfaction as pound fees to such Pound pound keeper for three days, consisting of seventy-two hours next after Keepers the time when such cattle shall be so impounded, whether such cattle for the time shall remain impounded during the whole or during part only of such

during which

the cattle seventy-two hours; and that after such three days it shall be lawful for remain imany pound keeper to demand and take one half of the like sum, at the pounded. rate herein-betore mentioned, for every additional seventy-two hours during the whole or any part of which any cattle of the description herein-before mentioned shall remain in the custody of such pound keeper in such pound, and whether such cattle shall remain impounded during the whole or during part only of such seventy-two hours : Provided always, that no greater sum shall be demanded or taken by any Pound Fees for pound keeper, as pound fees, for any one distress for the same demand, a Distress, 20d. than the sum of twenty pence in the whole, whatever may be the number of animals taken for such distress, or whatever may be the length of time that they shall have been impounded for the same.

VII. And be it further enacted, That it any pound keeper in Ireland Penalty on shall demand or take any greater sum for the impounding of any cattle Pound than such pound keeper is by this Act authorized to demand and take; Keepers

for Extortion, or if the walls of the pound of any such keeper shall not be well and

neglect of substantially built with stone or brick, and of the height of seven feet at Pound,&c. not the least; or if three-fourths at least of the area of any such pound shall exceeding 51. not be scraped or swept once in every twenty-four hours at the least, or otherwise kept clean and in good order, and with a sufficiency of wholesome water for the cattle which from time to time shall be kept therein; or if any pound keeper shall take upon himself to administer any oath; every such pound keeper shall, upon conviction of any such offence or neglect, torfeit and pay a sum not exceeding five pounds.

VIII. And be it further enacted, That all or any cattle, of whatever Cattle disdescription they may be, which shall be seized 'aud distrained for the trained shall purposes of being impounded, in order to secure and enforce the payment in the nearest of any rent, or to levy the amount of any decree of court, or for any tres. Pound; pass or other matter whatsoever, shall be driven to and shall be impounded and within the in the pound overt which shall be situate next and nearest to the land upon which such cattle shall have been so distrained, and within the same and County.

same Barony barony and county, to be then and there dealt with according to law.

IX. Provided always, and be it enacted, That in all cases where there where there shall be a manor pound appertaining or reputed to appertain to any is a Manur particular manor or estate, all or any cattle which shall be seized and Pound, Cattle

may be impounded in such Manor Pound. C. 42.

No. XXVII. distrained on any land belonging or reputed to belong to such manor or 7 Geo. IV. estate, shall and may be impounded in the manor pound of such manor

estate.

X. And be it further enacted, That if any cattle distrained shall be

impounded in any pound contrary to the direction and provisions of this Penalty on Persons im

Act, every person so offending shall, upon conviction, be liable to forfeit pounding cat- and pay any sum not exceeding five pounds for each such offence. tle contrary to this Act, not exceeding 51. Penalties un- XI. And be it further enacted, That all penalties incurred under this der this Act, Act, by any person who shall be guilty of any offence against this Act, and all Da

and all damages not exceeding ten pounds, to which any pound keeper mages not ex• shall or may be subject, by reason or on account of neglect or default of ceeding 102.

such pound keeper, either in enlarging any cattle distrained and imagainst Pound Keepers for

pounded, or in permitting any such cattle to be enlarged without neglect, may

sufficient authority for so doing, or by any neglect in his driving feeding be recovered er keeping any such cattle, or by any other neglect or default whatsoever before two of such pound keeper, shall and may be recoverable and recovered, on Magistrates complaint of any person aggrieved, before two or more magistrates in Petty Ses. assembled in petty sessions, or reputed petty sessions, in the county in sions on Com- which such complainant shall reside, or in which the pound shall be plaint within situate; and it shall be lawful for such magistrates, and they are hereby one Month.

authorized empowered and required to hear and determine such complaint; provided that such complaint shall be made to them within one calendar month next after the offence shall have been committed, or the cause of complaint shall have occurred; and it shall be lawful for such magistrates to issue their warrant for levying any such penalty or sum of money within the sum limited by this Act, with reasonable costs of such levy, by distress and sale of the goods and chattels of the offender,

rendering the overplus (if any) to the owner. Appeal to Ge.

XII. Provided always, and be it enacted, That it shall and may be neral Quarter lawful for any person who shall think himself or herself aggrieved by the

decision of such two or more magistrates, to appeal against the conviction of such two or more magistrates to the next Quarter Sessions of such

county; and such appeal shall be tried and finally determined at such Notice of Quarter Sessions accordingly; provided that notice in writing of such Appeal. intention to appeal, and sufficient securities, conditioned for duly proSecurity for secuting such appeal, shall be given to the magistrates before whom such prosecuting conviction shall be had, at the time of their decision upon the particular Appeal. case; and in case of such notice of appeal and such security being given

in manner aforesaid, it shall not be lawful for such magistrates to issue

their warrant for levying such penalty or sum of money. Penalties how XIII. And be it further enacted, That all penalties damages and disposed of.

sums of money, incurred and levied under and by virtue of this Act, shall be payable and paid to the person or persons who shall sue for such penalties or damages, upon conviction of the offenders in manner required by this Act.

[ No. XXVII. ] 7 George IV. c. 42.-An Act to amend the

Laws in force in Ireland for preventing the vexatious
Impounding of Cattle for Trespass or Damage feasant.-

[26th May 1826.]
WHI

THEREAS an Act was passed in the Parliament of Ireland in the

fortieth year of the reign of His late Majesty King George the

Third, for amending and rendering more effectual an Act passed in the 3. C.lil. (1.) thirty-seventh year of His said late Majesty's reign, intituled An Act to

prevent veratious Impounding of Cattle for Trespass or Damage feasant : and it is expedient to render the provisions of the said Act of the said fortieth year 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 assem

Ireland may

bled, and by the authority of the same, That it shall and may be lawful No. XXVII. for the magistrales assembled at any Quarter Sessions or adjournment 7 Geo. IV. thereof, which shall be holden at any time after the passing of this Act,

c. 42. in or for any county, cuunty of a city, or county of a town in Ireland, or any barony, half barony, or subdivision thercof, not less than three such magistrates being present, to nominate and appoint any number Magistrates at

Sessions in of persons not exceeding three, resident in each and every parish in such county, county of a city, or county of a town, to act as appraisers appoint Perand arbitrators in the execution of this Act in such parish, or in such sons to be number of adjacent parishes, as such magistrates shall define and fix; Appraisers and it shall and may be lawful for such magistrates so assembled from and Arbitratime to time in their Quarter Sessions, not less than three being tors of Da.. present, to suspend or remove all or any of such appraisers and arbi- mages arising trators, and to appoint others in their room, and also to fix and appoint from Trespass; the quantum or rate of fee or remuneration to be paid to such appraisers and suspend or and arbitrators in the execution of their duty, and to alter and vary the remove them;

and fix or alter amount thereof from tinie to time; and every person appointed to be

their Fees, such appraiser and arbitrator, before taking upon him such office, shall take and subscribe the following Oath: : I ,

called upon, justly and honestly appraise and value and arbitrate praiser and ' with respeci to all matters relating to the trespassing and damage Arbitrator. • feasant of animals of any description; and that I will faithfully and

honestly perform all other the duties of an appraiser and arbitrator,

according to an Act made in the seventh year of the reign of King George the Fourth, intituled (here set forth the title of this Act]; and • tha: I will not accept or take any fee or reward for executing such

duty, save and except what I shall be entitled to under the provisions (of said Act.

So help me God.' Which Oath it shall be lawful for any magistrate within his jurisdiction to administer in open court at any Petty Sessions, or reputed Petty Sessions, in any barony or half barony, or o:her division of a county, county of a city, or county of a town, and such oath shall be registered and recorded al such Petty Sessions or reputed Petty Sessions; Arbitrator and every person so appointed shall be liable to be so called upon, and shall attend shall attend accordingly, to appraise and to arbitrate and decide between when called parties in cases of complaini of injury arising from animals of any de. upon. scription trespassing or damage feasant; and also in all cases of disputes and complaints as to the state of the fences arising under the said recited Act or this Act.

II. And, in order to avoid the impounding of cattle, be it further In Cases of enacted, That where animals of any description shall be found tres. Trespass passing or damage feasant, and the rates of damage to be paid for such where the trespass shall have been fixed by the magistrates in pursuance of the Rates of Dasaid recited Act, it shall be lawful for the person or persons entitled to mage are such rates of damage, to take drive or send such animals to their fixed, persons owner, or the known steward or herdsman of the owner, or to show such take Cattle to owner, or the known steward or herdsman of such owner, the animal the Owner,&c. or animals actually in the act of trespassing and damage feasant; and if who shall pay such owner , or the known steward or herdsman of such owner, shall be such Rates. satisfied that such trespass has been actually committed, it shall be lawful for such owner and he is hereby required to pay such rates of damage so fised, and in such cases the animals so trespassing shall not be impounded; but in case the owner of any such animal or animals, or some Remedy in person on his behalf, shall not pay the amount of such fixed rate of case of damaye, it shall and may be lawsul for the party aggrieved by such tres- Refusal. pass, instead of impounding them, to make his complaint to the magistrates assembled in Petty Sessions, or reputed Petty Sessions, for the district where the partics reside; and such magistrates shall summon the owner of the animals so trespassing, or the steward or herdsman of such owner, to appear before them; and it shall be lawful for such magistrates (after the time appointed by such summons for the appearance of the party complained against, whether the person so summoned shall appear or VOL, IV.

* N

c. 42.

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No. XXVII, not), upon proof of the service of such summons, to inquire and exa.
7 Geo. IV. mine into the matter of such complaint; and upon satisfactory proof of

such trespass, and of the neglect or refusal to pay the rate of damage for
such trespass so fixed as aforesaid, to issue their warrant to levy such
rate of damage for such trespass, together with such reasonable costs for
loss of time, as such magistrates shall think fit to be paid to the plaintiff,
unless it shall appear to the satisfaction of such magistrates that the
defendant had sufficient grounds to justify the non-payment of the rate

of damage for such trespass.
Where the III, Ånd be it further enacted, That in all cases where it shall happen
Damage for that the rate of damage for any particular description of trespass, which
any particular shall be the subject of any complaint between parties, shall not have been
Description of fixed by the magistrates in manner required by the said recited Act, or
Trespass shall where any damage so complained of shall exceed in its nature and
not have been

amount the rates so fixed, or where the neglect or refusal to pay any rated, &c. Complainant

demand on account of trespass or damage as aforesaid shall arise out of may call upon

the neglect or refusal of the complainant to keep his fences in a proper Arbitrators to state of repair, or where the owner or owners of the animals complained estimate and against as having been trespassing or damage feasant shall neglect or certify the refuse to appoint or concur in the appointment of arbitrators pursuant to Amount of the provisions of the said recited Act, for the space of twenty-four hours Damages after complaint made, then and in any or either of such cases it shall and

may be lawful for the person or persons making such complaint as
aforesaid to call upon any person, who shall have been appointed under
the authority of this Act to be an appraiser and arbitrator in or for the
barony parish or place within which such trespass or damage shall be
alleged io have been committed ; and such appraiser and arbitrator shall
proceed without delay to view the place, and to inquire into the matter,
and to estimate the amount of a fair and reasonable compensation to be
paid for such damage, and to view the state of the fences between the
parties, and to ascertain and determine by whose neglect or refusal such
trespass and the damage arising therefrom shall have been committed
and caused; and such appraiser and arbitrator shall give a certificate
in writing, signed with his hand, of the amount of damage incurred, and
specifying by whose act or neglect such damage was caused, and also
his opinion of the state of the fences, and by whom the same ought to be

repaired.
Magistrates at IV. And be it further enacted, That in case the amount of such
Petty Sessions damage so certified shall not be paid by the person stated in such certifi-
may levy such cate to be liable to pay the same, it shall and may be lawful for the
Damage by person aggrieved to apply to the magistrates assembled at the Petty
Distress.

Sessions, or reputed Petty Sessions, not less than two of such magistrates
being present, and such magistrates shall suinmon the parties to appear
before them, and shall examine into and determine the matter of such
complaint; and if they shall be of opinion that the award and certificate
of such appraiser and arbitrator is just and equitable, such magistrates
shall issue their warrant to cause the amount of damage so specified in
such certificate, together with reasonable costs for loss of time, to be
levied by distress and sale of the goods of the offender, and to be paid to

the party aggrieved, rendering the overplus, if any, to such offender. Manner of V. And be it further enacted, That whenever it shall appear that the Proceeding trespassing or damage feasant of animals of any description, or any injury whereDamage relating thereto, shall be occasioned to or suffered by any person or occurs from

persons in consequence of the bad or imperfect state or destruction of any bad Fences.

fences, and the person aggrieved thereby shall, pursuant to the provisions
of the said recited Act or this Act, have laid his complaint before a
magistrate, and arbitrators shall have been thereupon appointed under
the said recited Act, or called upon to act under this Act, and shall have
estimated the sum necessary for the repair of such fences, and the pro-
portion of money to be paid, and also the proportion of fences to be kept
in repair by each or any of the parties, and shall have certified the same to
the magistrates, then and in every such case it shall be lawful for such
magistrate, and he is hereby authorized and required to call upon such

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arbitrators to add to their certificate a specification of the time within No. XXVII. which every such party shall execute such repairs, and such arbitrators

7 Geo. IV. shall specify such time accordingly; and such magistrate, if he shall think

C. 42. fit, shall thereupon issue an order under his band, requiring every such party to make or repair the fences, or proportion of fences, within such time so specified and tixed; and if either party shall neglect or refuse to make or repair such fences in manner and within the time so specified and required, it shall be lawful for such magistrate to order and authorize the other party forthwith to make or repair the whole of such fences so estimated; and the person who shall so repair the whole of such fences accordingly, shall and may apply to the magistrates assembled at any Petty Sessions, or reputed Petty Sessions, to recover the proportion of the expence incurred by him in respect of the party who shall have so made default; and the magistrates at such Petiy Sessions, or reputed Petty Sessions, shall, in all cases where the suin awarded by them shall not exceed five pounds, issue their warrant to cause the same to be levied by distress and sale of the goods of the offender, and to be paid to the person aggrieved; and in all cases where the sum shall exceed five pounds, it shall and may be lawful for the said magistrates, and they are hereby required, to examine into the matter as in all other cases, and to give a certificate signed by them to either party, stating their opinion and decision on the case; and such certificate shall be admitted as evidence in the trial of any action which may be instituted in any court to recover such larger amount.

VI. And be it further enacted, That whenever any person shall com- Where Perplain of damage sustained from animals trespassing or damage feasant, sons impoundor by reason of the want or insufficiency of fences, and it shall appear ing refuse to that such person so complaining shall have been offered a fair and receive Comreasonable compensation for such trespass, and shall have refused the pensation, or same, and shall have refused or neglected to appoint or to concur in

to appoint appointing arbitrators, and shall nevertheless persist in impounding such Magistrate

Arbitraturs, animals, it shall and may be lawful for the magistrates, before whom

may

hear such complaint shall be made, to hear and determine such complaint, Complaint, and to allow and order any reasonable costs to be levied and paid to the and give Costs party aggrieved by such refusal or neglect of the party complaining; and to the Defendin case of neglect or refusal to pay such costs, to issue their warrant, and ant. to cause the same to be levied by distress, to be paid to the party aggrieved accordingly.

VII. And be it further enacted, That in all cases of dispute relating to Where Party trespass or damage feasant, in which any magistrate or magistrates shall against whom have made any order for the payment of any sums of money pursuant any Order is to the provisions of the said herein-before recited Act or this Act, if any made neglects person against whom such order shall have been made shall neglect or refuse to pay the amount required by such order for the

24 Hours, of twenty

space four hours next after such order made, or within such further time as

Distress

shall issue. such magistrates shall fix or appoint, it shall be lawful for the magistrates so making such order to issue his or their warrant to cause the amount to be levied by distress and sale of the goods of the offender, together with such reasonable costs as to such magistrates shall seem meet, to be paid to the person or persons in whose favour such oder shall have been made.

VIII. And be it further enacted, That it shall and may be lawful for Magistrates any magistrate or magistrates in the execution of this Act, to order the rate of payment which shall be fixed by the magistrates at the several Payment of Quarter Sessions for the remuneration of the appraisers and arbitrators Arbitrators, appointed under this Act for the execution of their duty, to be paid either either by by the plaintiffs or defendants, as such magistrates shall think fit, in the Plaintitf or several matters of dispute, and to issue their warrant to compel payment

Defendant. accordingly.

IX. Provided always, and be it further enacted, That it shall and may Appeal to be lawful for any person who shall think himself aggrieved by any order Quarter Sesor decision of such magistrates, to appeal against their decision to the sions. next Quarter Sessions of the county, and such appeal shall be tried and

to pay within

may order

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