« PreviousContinue »
No. XXIX. finally determined at such Quarter Sessions accordingly; and the Justices 7 & 8 G. IV. of Peace at such sessions may affirm or reverse any such order or c. 69.
decision of such magistrates, wih such costs as they shall think proper : Provided always, that notice in writing of such appeal shall be given to the magistrates before whom such conviction or decision shall be had, at the time of their decision upon the particular case; and that sufficient security, conditioned for duly prosecuting such appeal, shall be given and entered into before such magistrates at the time of the making such appeal; and whenever such appeal shall be made, and such securily given as aforesaid, it shall not be lawful for such magistrates to issue their warrant for levying of any penalty or sum of money in such parti
[ No. XXVIII.] 7 & 8 George IV. c. 17.–An Act to ex
tend the Provisions of an Act made in the Fifty-seventh Year of King George the Third, for regulating the Costs
of certain Distresses.—[28th May 1827.] W HEREAS by an Act passed in the fifty-seventh year of the reign
of His late Majesty King George the Third, intituled An Act to 57 G. III, c. 93, regulate the Costs of Distresses levied for payment of small Rents, certain
regulations are made with respect to the costs and charges of levying and disposing of such distresses where the sum demanded and due shall not exceed twenty pounds; and whereas it is expedient that the said Act should be amended, by extending the same to distresses for other causes; 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 Provisions of the same, That from and afier the passing of this Act, all the rules, recited Act regulations, clauses, provisions, penalties, matters, and things in the said extended to
Act contained, shall extend and be construed to extend, and shall be Distresses for Taxes, Rates,
applied and put in execution, so far as the same are applicable and Tithes, &c.
capable of being put in execution, with respect to any distress or levy which shall be made for any land tax, assessed taxes, poor's rates, church rates, tithes, highways, rates, sewer rates, or any other rates, taxes, impositions, or assessments whatever, in all cases where the sum demanded and due for or in respect of such taxes, rates, tithes, assessments, or impositions, shall not exceed the sum of twenty pounds, and in all cases where the whole of the several sums sought to be levied by distresses taken for different purposes at the same time shall not exceed the sum of twenty pounds; and that such costs and charges, and no other, shall be taken and payable as the costs and charges of the levy and disposition of such distresses; and that all such proceedings shall and may be had and taken against any and every person transgressing the regulations of the said Act in the levying or distraining for any such taxes, rates, impositions, or assessments; and all such persons shall be liable to and shall incur such and the like penalties, as by the said Aci are directed required and imposcil, with respect to persons making any distress for rent contrary to the directions of the said Act; and that in any order or judgment of any justices before whom any complaint shall be preferred in consequence of this Act, such order shall be expressed to be made upon a complaint for the breach of the said recited Act as amended by this Act; and that the said recited Act and this Act shall be taken and cunstrued together as one Act, to all intents and purposes wliatsoever.
[No. XXIX.] 7 & 8 George IV. c. 69.-An Act to provide
for the Relief of Persons aggrieved by unlawful or
excessive Distresses in Ireland.-[2d July 1827.] WHEREAS the expence of suing out and trying replevins in Ireland
is far beyond the means of persons usually occupying small tenements or farms, and such persons may therefore frequently be subject to No. XXIX. injustice and oppression; be it therefore enacted by the King's most.7 & 8 G. IV. excellent Majesty, by and with the advice and consent of the Lords
c. 69. Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, in all cases where any distress shall be made in Where a Dis. Ireland for any rent, proportion of rent, or arrears of rent, where the tress is made annual amount of such rent shall not exceed the sum of ten pounds, it exceeding 101. shall and may be lawful for any one or more Justice or Justices of the
on Complaint Peace in Ireland, within his or their jurisdiction or districts within which to Justices the distress shall have been made, or the cattle goods or chattels shall that it is uuhave been distrained or impounded, or for any two or more Justices lawful, they assembled at any Petty Session or reputed Sessions within such districts, may issue to take cognizance of and to examine into any complaint which shall bé Summons to made against any person impounding any cattle or distraining any goods Party comor chattels for such rent, or any arrears thereof, setting forth that when
plained such distress was taken, that there was either no rent due, or that there against, to was less rent due than was claimed by the person on whose behalf such why Replevin distress was inade; and it upon such examination such Justice or Justices should not be shall be of opinion that such complaint is well founded, it shall be lawful for made. such Justice or Justices to issue his or their summons, requiring the party complained against to attend and appear at the next or any subsequent Petty Session to be held in and for such district, at such time and in such place within such district as shall for that purpose be named in such summons, there to show cause before the Justices of Peace there assembled, why replevin and deliverance of such distress should not be made to such complainant by virtue of this Act, and according to the regulations herein contained.
II. And be it further enacted, That it shall be lawful for the Justices Justices at of the Peace (two at least being present) at any such Petty Sessions at Petty Sessions which the party complained against shall be so summoned to attend and may grant appear, and such Justices are hereby authorized and required (the service Order for of such summons having been first satisfactorily proved, and whether the Replevin, to party complained against shall or shall not attend and appear) to hear
be returnable such complaint, and to examine into the truth of the same, and to inquire into and ascertain the amount of the rent or arrears of rent
Quarter Seso actually due, upon the oath of the complainant, or any other person or persons; and if it shall be made appear to such Justices that either no rent was due, or that such distress was taken for a larger sum than was actually due, it shall and may be lawful for such Justices, and they are hereby required to order the replevin, and deliverance shall be made of the cattle goods or chattels so distrained, to the person or persons so complaining, by the pound keeper or other person in whose custody the cattle goods or chattels so distrained shall be; and such order or replevin and deliverance shall be returnable to the Justices at the next General Quarter Sessions to be holden for the county, division, city, town or place within which such distress shall have been taken or made, or such cattle goods or chattels shall have been impounded, to be then and there tried and disposed of in manner herein-after directed ; and such order of replevin and deliverance shall be in the form or to the effect hereafter specified and set forth.
III. Provided always, and be it enacted, That it shall and may be Justices may lawful for such Justices at such Petty Sessions, upon the hearing of such adjudge the case, to adjudge the payment of any sum which they may think justly Payment of a due; and if payment of such sumn shall not be made accordingly, or shall smaller Sum. not be received by the party on whose behalf such distress shall have been made, it shall and may be lawful for such Justices at such Petty Sessions either to grant or to refuse to grant such order of replevin or deliverance, according as they shall think just and fit.
IV. Provided always, and be it enacted, That it shall not be lawful for Justices shall the Justices at any such Petty Sessions to make any such order for not make replevin and deliverance of any such distress, unless nor until the party Order for
Replevin until Recognizances and Sureties are given.
to the next
No. XXIX. complaining shall at such Petty Sessions have entered into recognizance in 7&8G. IV. double the amount of the rent or arrears of rent which may appear to 6. 69.
such Justices to be due, with two sufficient sureties, conditioned to abide
the decision upon such case at the next ensuing Quarter Sessions. Form af Re
V. And be it further enacted, That every recognizance to be taken cogoizance,
before such Justices of the Peace, before making any order for the and Order of replevin and deliverance of any cattle goods or chattels distrained, and Replevin, every order for replevin and deliverance of such caitle goods or chatteks
which shall be made by such Justices at Petty Sessions, shall be in the form or to the effect following respectively; (that is to say),
FORM OF RECOGNIZANCE, :KNOW all men by these presents, That we A, B. principal, and C. D. sureties, da hereby acknowledge ourselves to be held and firmly bound to [G. H. the person or persons making the distress], bis [or her) heirs executors or administrators, in the sum of
[being double the sum ascertained by the Justices at Petty Sessions to be due), for
the true payment of which we do hereby bind ourselves and each of us, ' and our and each of our heirs executors and administrators. Sealed with our seals, and dated this
claimed), for the sum of (specify the sum], claimed as rent or arrears of
A, B. (seal) Principal.
C. D. (seal) 1
E. F. (seal)
Justices of the Peace, at a Petty
arrears of rent from the said A. B. was not justly due ; and the said A.
and fully to satisfy and pay
L. M. " To P. Q. Pound keeper, or other Keeper of
the Cattle or Goods or Chattels distrained.' Pound Keeper VI. And be it further enacted, That it shall be lawful for the pound served with a keeper or other keeper of any cattle goods or chattels so distrained, in Copy of Order whose custody such cattle goods or chattels shall be, such pound keeper signed by Justice or the
or other person being served with a copy of such order for replevin and Clerk of Petty Sessions, shall deliver up the Distress.
and N. 0.
N. 0:} Justices.
deliverance as aforesaid, certified by the signature of one of the Justices, No. XXIX. under whose authority such order shall be made, or by the clerk of the
7 & 8 G. IV. Petty Sessions, and every such pound keeper or other person as aforesaid
C. 69. is bereny authorized empowered and required to deliver up the cattle goods or chattels specified in such order, to the person or persons from whom they shall have been distrained as aforesaid.
VII. And be it further enacted, That any and every pound keeper or Penalty for other person as afuresaid so served with such copy of such order certified not delivering as aforesaid, who after tender made to him of his lawful fees shall neg- Cattle, Goods, lect or refuse to deliver up, such cattle goods or chattels, to the person or or Chattels. persons from whom they shall have been distrained as aforesaid, shall forfeit and pay a sum not exceeding the sum of ten shillings for every twenty-four hours during which such pound keeper or other person shall detain such catile goods
or chatiels in his custody, after he shall have received such copy of such order of replevin as aforesaid ; and it shall be lawful for the magistrates by whom such order was made at the Petty Sessions aforesaid, to issue their warrant to levy such penalty, and to pay the same to the person aggrieved by the detention of such cattle goods or chattels as aforesaid.
VIII. And be it further enacted, That the Justices of the Peace making Justices shall any such order as aforesaid shall lodge and deliver, or cause or direct to lodge original be lodged and delivered, any and every original recognizance, and any and Recognizances every original order for replevin and deliverance, which shall be taken with Clerk of
the Peace before and shall be made by such Justices in the execution of this Act, to the Clerk of the Peace or acting Clerk of the Peace for the county, before the
Three Days district, city, town or place where such Quarter Sessions shall be holden, Quarter three days (if practicable) previous to the first day of such Quarter Sessious. Sessions, or the adjournment thereof, next after the making of any and every such order respectively, but so that there shall be at least two clear days between the delivery of every such recognizance and order to the Clerk of the Peace, and the first day of such Quarter Sessions or adjournment; and such Clerk of the Peace shall keep and dispose of all such recognizances and orders under the direction and regulation of the assistant Barrister there presiding for the furtherance of justice.
IX. And be it further enacted, That the validity and effect of all such Validity of orders of replevin and deliverance of distress as shall be made pursuant to such Orders of the directions of this Act shall be tried and determined by and before the Replevin shall assistant Barrister, or acting assistant Barrister, or Chairman presiding at be tried by such Quarter Sessions, and he is hereby authorized and required to
Assistant examine into and ascertain the question whether any and how much Barrister, at rent was duc (at the time of such distress having been made), in a sum- Cases of Remary manner, in the nature of a civil bill, upon the application of either
plerin, of the parties concerned, whether the other party shall attend or not; and on such trial, the party on whose behalf any such order of replevin shall have been made shall be taken and considered in the nature of a plaintiff in replevin, and the party on whose behalf such distress was made shall be taken and considered in the nature of a defendant or avowaut in replerin; and such assistant Barrister or Chairman shall have such jurisdiction, and such power of summoning witnesses, and of compelling their attendance, as are or may by law be given to or vested in such assistant Barrister or Chairman in and for the trial of actions by civil bill, or of ejectırients under arıy Act or Acts in force in Ireland; any law usage or custom to the contrary ir. anywise notwithstanding.
X. And be it further enacted, That it shall be lawful for such assistant Assistant Barrister or Chairman, and he is hereby authorized empowered and Barrister may required, upon any trial or determination in respect of any such order give Judgmeut for replevin and deliverance, to make sign and give a judgment and decree and Decree for against the goods and persons of the principal and sureties, or any of Rent due and them, in any such recognizance, for any such rentor sum as such assistant
Costs. Barrister or Chairman shall adjudge to be duc to the person or persons on whose behalf such distress shall have been made, at the time when such distress was made, whether such rent or arrears shall or shall not exceed the suin of ten pounds, with reasonable costs of suit, to be paid to
No. XXIX. such person or persons; and if it shall appear to such assistant Barrister 7 & 8 G. IV. or Chairman, upon such trial and examination as aforesaid, that no rent
or arrears of rent were due at the time of such distress, or that no more c. 69.
rent was due than was ascertained by the magistrates upon the hearing of
and deliverance, in manner herein- before directed by this Act. Appeal from
XI. And be it further enacted, That in case either of the persons so Decree of
being in the nature of plaintiff or defendant or avowant in replevin as Assistant
aforesaid, shall think himself or themselves aggrieved by the judyment Barrister.
decision or decree of any assistant Barrister or Chairman of the Sessions,
particular case upon all parties. On such
XII. Provided always, and be it enacted, That it shall not be lawful to
ant Barrister or Chairman whose decision or decree shall be sought to
Judge as aforesaid.
an ejectment shall have been brought for the nonpayment of the rent Ejectment
distrained for, previous to complaint having been made under this Act to previous to Complaint.
the magistrates at their Petty Sessions as aforesaid; any thing herein
before contained to the contrary in anywise notwithstanding,
whatever, nor io any distress for any rent payable under any lease demise